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Staff Report/Final Plat Phase 2 Block 5i Regional '. t t.1_1,1'a 723 i Room 414 Montana 5990: Phone: (406) 758-5999 Fax: () 758-5781 July 12, 2000 Chris Kukulski, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 �' _ r i� • rstill • n '•• Our office has received an application from Northwest Healthcare Corp. for final plat approval of Buffalo Commons Phase ll, Block 5 which will plat five town home lots comprised of two duplex and one tri-plex units. The area in lots contains approximately 0.65. Previous phases of the subdivision have dedicated the roads within the subdivision. Thee parent tract for these lots front along the north side of Commons Way, a City street and obtain their access from an internal private driveway. This subdivision is located on the east side of Highway 93 North, north of Heritage Way in Kalispell and is part of the Buffalo Commons Planned Unit Development (PUD). Preliminary plat approval was granted by the Kalispell City Council for the this phase of the Buffalo Commons PUD on November 3, 1997 subject to nine conditions. The following is a list of the conditions of approval and a discussion of how they have been met. Condition No. 1. That the development of the site will be in substantial conformance with the approved which shall govern the general location of the lots and roadways. This condition has been met. The lot configuration on the final plat is in substantial compliance with the approved preliminary plat. Condition No. 1. That the public roadways within the subdivision shall be constructed in accordance with the adopted Standards for Design and Construction which includes the pavement, curbs, gutters, sidewalks and drainage system. A letter from the Kalispell Public Works Department shall be required stating that the improvements have been installed according the required specifications at the time of final plat approval. This condition has been met. The roadways within this subdivision have been platted in a previous phase of this development and dedicated to the City. All of the improvements were reviewed and approved by the Kalispell Public Works Providing Community Planning Assistance To: •Flathead County • City of Columbia Fails • City of Kaffspell • City of Whitefish • Final Plat of the Buffalo Commo— Phase 2, Block 5 July 12, 2000 Page 2 Department and certified by engineers Robert Peccia & Associates in an updated letter of 4/ 14/99 state that the required improvements have been constructed according to the approved plans and specifications and City design standards. Condition No. 3. That approach permits for the required road construction at Windward Way and Grandview Drive be obtained from the Kalispell Public Works Department • This condition has been met. Approaches were reviewed and approved by the Kalispell Public Works Department in the construction drawings and made part of the construction design platted in a previous phase. Condition No. 4. That the developer shall install a central mailbox location approved by the U.S. Postal Service and shall be indicated on the final plat. • This condition has been met. The post office has reviewed Phase 2 of the subdivision and a central mailbox location was located near the common area to the east on a previous phase of the development. Condition No. 1. That sidewalks shall be constructed on both sides of the public street and there be a minimum five foot boulevard space between the sidewalk and public roadway that is planted with street trees as specified in the development agreement with the City of Kalispell. • This condition has been met. Sidewalks and the boulevards are in place. The street trees will be planted in cooperation with the Kalispell Parks and Recreation Department on the north side of the sidewalk a the time development of the site occurs. Condition No. 6. That the common area within the subdivision be accepted as fulfilling the parkland dedication requirement and that the area be landscaped according to the specifications outlined in the development agreement with the City of Kalispell. All utilities shall be installed underground. • This condition has been met. Common area has been platted in previous phases of the subdivision with the common area lying to the west of these lots. Underground utilities have been installed in with the previous phases of the development. Condition No. 6. A storm water drainage plan which incorporates the easements indicated on the preliminary plat shall be reviewed and approved by the City of Kalispell. • This condition has been met. The stormwater drainage plan for the project was reviewed as approved as part of the overall design and construction and has been built accordingly. The main stormwater detention basin lies to the west of this site. Final Plat of the Buffalo Comm^ns Phase 2, Block 5 July 12, 2000 Page 3 Condition No. 6. That all water and sewer services and plans and specifications shall be reviewed and approved by the Department of Environmental Quality and the Kalispell Public Works Department. This condition has been met. A letter dated 10/31/97 and 5/ 15/97 from DEQ provides their approval of the subdivision for water and sewer facilities. Engineer Robert Peccia & Associates also confirms that the water and sewer have been installed according to approved plans and specifications. Public works reviewed and approved these improvements in previous phases and has the as -built drawings on CD. Condition No. 6. That a letter from the Kalispell fire chief approving the location and placement of _ fire hydrantsthe subdivision shall be submitted with the final plat. ® This condition has been met. Hydrant placement was done in accordance with the Uniform Fire Code in previous submitted with the final plat. The final plat is in substantial compliance with the preliminary plat which was submitted and approved. This subdivision plat has been found to be in substantial compliance with the State and City Subdivision Regulations. This subdivision has been found to be in compliance with the Kalispell Zoning Ordinance and the Planned Unit Development which governs the dimensional requirements of the lots within the subdivision. All of the conditions of preliminary plat approval have been adequately met The Flathead Regional Development Office recommends that the Kalispell City Council approve the final plat for this townhouse project Please schedule this matter for the regular city council meeting of June 21, 1999. Sincerely, a Narda A. Wilson Senior Planner Final Plat of the Buffalo Comm — Phase 2, Block 5 July 12, 2000 Page 4 NW/ Attachments: 1 opaque mylars of final plat 1 reproducible mylar of final plat I copy of final plat Letter from Montana Planning Consultants dated 6/26/00 Reduced copy of plat Final plat application dated 6/30/00 Letter from DEQ dated 10/31/97 Title report from Sterling Title Services dated 6/ 14/00 Treasurers Certification dated 6/28/00 Cw/att: Theresa White, Kalispell City Clerk c: David Greer, MT Planning Consultants, Box 7607, Kalispell, MT 59904 Northwest Healthcare, 310 Sunnyview Lane, Kalispell, MT 59901 mmsm�� M Po 9= ?W Kdopel, Kwhm Sfa90t MR 79i l= AppL1CATION A►«.�''� R R NL June 26, 2000 Narda Willson Senior Planner Flathead Regional Development Office 723 Fifth Ave. E Kartspel MT 59901 RE: FINAL PLAT OF BUFFALO COMMONS, PHASE 2, BLOCI Dear Narda: Attached are the application materials for the above -referenced f how each of the conditions of preliminary plat approval, as set satisfied. C&dition 1. That the development..........' Thekif:l Air g p(i AoVft-s. is n _ su1bstdr s Pf�senikl j Plat?ale Ot _;dn 5 final prat Arran cne sublot to-c a a total o 4 st.ibiot Condition 2. That the public roadways....... Y All improvements have been installed in accordance to city standards. Since the letter written by the Public Works Department (12/16/97), the City has been deeded and has accepted all the intemal roads of Buffalo Commons. The City has the as -built drawings on "CD". Condition 3. That approach permits ...... The City approved the construction drawings for the Buffalo Commons PUD, including all intersections with city streets. All the streets have been deeded to the City__ Condition 4. That the developer shall instalL.�rx� a The U.S. Postal Service has reviewed Phase 2 and the central mail box site has,been installed, fn accordance to the approved location. - Condition 5. That sidewalks...._. Sidewalks have been built in accordance to the approved plans for the entire PUD. All boulevards-:; - are 5 feet or greater in width. As per my conversations with Mike Baker, Parks & Recreation director, street trees are planted on lots concurrent with home occupation to ensure proper care and`', , maintenance of the planted trees. Due to the location of all utilities within the Boulevard adjacent-,.;. to Phase It, trees are planted on the north side of the sidewalk within the common area of they townhouses. _ land LW Cmutftft kr the Private and Puhk Swka Narda Wilson Page 2 June 26, 2000 Condition 6. That the common any.... With the filing of this plat, al 7 acres of common area has been platted. A8 the common area is irrigated and extensively brxftcaped. A I utilities are underground. Condition 7. A storm water drainage plan....... The storm water drainage plan was ed in the motion dravvr a �� City. � f r s Condition 8. That all water and sewer service plans...._ The State and City have approved the wafer & sewer extension plans for the P66z Please refelr r� " in part, to the attached approval staternent from DEQ. Please note that a COPY. rather *r F E original, is attached since this same approval statement will be on other involving Phase 2. As4xA drawings have been previcx s subr4W * see � phase 2, biocic 4 Condition 9. That a letter frorn the . The City Fire Chief has approved the location and placement of the fire hydrants. A letter from Chief Waggener has been previously forwarded to your office conceming compliance vAth tNs conditiom zfliease let me. k w David Greer Consultant to NWHC attachments: Application fee of $3F0.00 Application form Trde report Tax certification statement DEQ approval statement (copy) Plats 09 0 0 � y , �3 CLI rtl v� 2 � Z d ai ----ate-- am r E-• 1;� � L/ O 0 Flathead Regional Development Offic 23 • '••.. 414 K Ka PVv Buffalo Commons Phase 2 Block 5 F. R. D. 0. Name: David M. Gnw Northwest Healthcare Address: P.O. Box 7607 310 Sunnyview Lane Kalispell, MT 59904 Kalispell, MT 59901 Phone No.: (4 !:. if . ice. s,. (406)752-1724 Date of Preliminary Plat Approval: 3 November 1997 Type Subdivision: I ResWential Industrial Commercial PUD I Other o. of Lots Proposed: 4 Park La (ac.): Land in Lots: (ac.) 0.675 Oash4n4"ieu: Exempt PUD Exempt FILING FEE ATTACHED: $30.00 NOT ATTACHED APPLICABLEHealth Department Certificati Tax Certification ' Plat Sub. Improvements i • - - - ��I►�rParkland Cash -in -Lieu ..-.Covenants I Reco orneowners y- aws/ArticlesIncorporatior ♦+7!Plats lit1111 ql Attach a letter which lists each condition of preliminary plat approval and individualy state how each condition has specifically been met. In cases where documentation is required, such as an engineers certification, State Department of Health certification, etc., original shall be submitted. Blanket statements stating, for exarnple, mall improvements are in place" are not acceptable. A complete final application must be submitted no less Than 30 days prior to expiration date of preliminary plat When all final Dial materials are submitted to the F-R-D.O. and the staff finds the applica Fion is coiplete, the staff will submit a report to tl'ie governing body. The governing body must act within 30 days of receipt of the final plat application and staff report - for approval. Changes to the approved preliminary plat rnay necessitate reconsideration by the Planning Board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will be not accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for F.R.D.O. staff to be present on the propefty for routine monitoring and inspection during the approval and development process - Owner Represe Live Date K PRELI.NnARY SUBDIVISION CERTIFICATE OF TITLE 27 0219 89 205711 CHICAGO TITLE INSURANCE COMPANY To the County of Flathead and the City of Kalispell in Montana CHICAGO TITLE INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Missouri, with its principal office in the City of Chicago, Illinois, and duly authorized to insure titles in Montana hereby certifies that from its examination of these public records which impart constructive notice of matters affecting the title to the real estate described in Schedule A hereof, as of the 14th day of June 112000. at 5 o'clock P.M., the title to the described real estate was indefeasibly vested in fee simple of record in: Northwest Healthcare Corporation, A Montana Corporation subject only to the objections, liens charges, encumbrances and other matters shown under Schedule B hereof. The maximum liability of the undersigned under this certificate is limited to the sum of S 10,000.00 This certificate of title is made in consideration of the payment of the premium by the subdivider of the land and for the use of the County and City above named. Issued by: STERLING TITLE SERVICES 211 South Main (P.O. Boa 73) Kalispell, MT 59901 (406) 752 - 7000 FAX (406) 752 - 7207 (406) 257 - 5663 Au&xxind sigsuin CHICAGO TITLE INSURANCE COMPANY By: ATTEST: Pres- ent Secretary PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE (MONTANA) 2--l" po— ♦ 9111 SCHEDULE A Page 2 Certificate No.: 27-0219-89-205711 Our File No.: CG-29593 Being the legal description of the real estate covered by this certificate. The following -described parcels of real estate: That portion of Government Lot 5, Section 6, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana, described as follows: Commencing at the Northwest corner of Government Lot 5, Section 6, Township 28 North, Range 21 West; thence along the Northerly boundary of said government lot North 890341380 East a distance of 76.55 feet to the Point of Beginning of the parcel being described; thence continuing along said Northerly boundary of said government lot North 89034138" East a distance of 223.27 feet to a point; thence South 00014149" East a distance of 124.29 feet to the Northerly right-of-way line of Commons Way, a 60.00 foot city street and a point on the beginning of a 530.00 foot radius curve concave Southerly having a radial bearing of South 03032,101, West; thence along said Northerly right-of-way line of said Commons Way the following three courses: Along said curve through a central angle of 3057113" an arc length of 36.57 feet South 890341570 West a distance of 15.61 feet to the beginning of a 160.00 foot radius curve to the left concave Southeasterly and Along said curve through a central angle of 45048133n an arc length of 127.92 feet to the Easterly boundary of that parcel of land denoted as Common Area on the plat of Buffalo Commons Phase 2 Block 1, records of Flathead County, Montana; thence along said Easterly boundary of said Common Area the following two courses: North 4601313611 West a distance of 54.87 feet to a point and North 07033115" West a distance of 134.27 feet to the Point of Beginning. TO BE KNOWN AS: BUFFALO COMMONS PHASE 2, BLOCK 5 Page 3 Certificate No.: 27-0219-89-205711 Our File No.: CG-29593 Being all of the estates, interests, equities, lawful claims, or demands, defects, or objections whatsoever to title; and all easements, restrictions, liens, charges, taxes (general, special, or inheritance, or assessments of whatever nature), or encumbrances; and all other matters whatsoever affecting said premises, or the estate, right, title, or interest of the record owners, which now do exist of record. 1. Property taxes, including any assessments collected with the taxes, for the year 2000. 2. Delinquent water and sewer charges of the City of Kalispell, if any. 3. Reservations in Patents or the acts authorizing the issuance thereof. 4. Mineral rights, claims or title to minerals, including but not limited to metals, oil, gas, coal, hydrocarbons, sand, gravel, stone, or rights relating thereto. 5. Declaration of Conditions, Covenants, and Restrictions and any rights, provisions, powers, obligations, liens or charges as provided therein, but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons, recorded July 10, 1980 under Recorder's Fee #8632, in Book 696, page 111, records of Flathead County, Montana, and any amendments thereto, including but not limited to the following amendments: None 6. Easement granted Northwestern Telephone Systems, Inc., recorded December 17, 1980 under Recorder's Fee #18056, in Book 707, page 361, records of Flathead County, Montana. 7. Resolution No. 4174 recorded November 14, 1994 as Document #9431814340, records of Flathead County, Montana. 8. Terms and provisions contained in Ordinance No. 1226, recorded October 3, 1995 as Document #9527615080, records of Flathead County, Montana. 9. Ordinance No. 1276 recorded February 24, 1998 as Document #199805512210, records of Flathead County, Montana. 10. Ordinance No. 1281 recorded February 24, 1998 as Document #199805512220, records of Flathead County, Montana. 11. Declaration of Conditions, Covenants, and Restrictions and any rights, provisions, powers, obligations, liens or charges as provided therein, but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons, recorded February 24, 1998 as Document #199805512230, records of Flathead County, Montana, and any amendments thereto. 12. Certificate of parkland as shown on the Unrecorded Plat of Buffalo Commons Phase 2, Block S. 13. A 10 foot telephone easement per Book 707 page 361, as shown on the Unrecorded Plat of Buffalo C ns Phase 2, Block S. 14. Driveway easement as shown on the Unnrecorded Plat of Buffalo Commons Phase 2, Block 5. 15. Utility easement per plat of Buffalo Commons Phase 2 Block 1, as shown on the Unrecorded Plat of Buffalo Commons Phase 2, Block 5. 16. The requirement that the company be furnished an original or certified copy of the resolution of The Board of Directors, or Stockholders if required, of Northwest Healthcare Corporation, authorizing proposed transaction and directing the execution of the proper instruments. 17. No search has been made for water rights and unpatented mining claims and liability thereon is excluded from coverage of this Certificate. FIAT ROOK ff�HKAD COUNTY, MONTANA 800 S. MAIN RALISPF,LL, MT 59901 (406) 758-5510 THIS FORM IS FOR SUBDIVISIONS AND CONDOMINIUMS ONLY BY: FOR: NWAZA L 7-CAR-E DATE: DESCP, Bj,4_F-rAL,0 (fvAA A40A1S P14ASE Z PURPOSE: JU-S,01wiloN -6 uv- S YEARS ( 7A-- r7,!�-rCv. /At ASSESSOR # 1992 THRU 4 AND TO DATE I hereby certify that there are no out standin' taxes on the property assigned the assessor numbers listed abovq', for the years indicated for each assessor number. DEPUTY DEPAE 'MENT OF ENVIRONMEf _ _AL QUALITY PERMITTING & COMPLIANCE DIVISION Community Services Bureau Public Water Supply Program MAT<C RACICOT, GOVERNOR INNER STATE OF MONTANA Phone: (406)4444400 Metcalf Building Fix:(406)444-1374 1520 E Sixth Ave PO Box 200901 Helens, MT 5%20-0901 RECEIV'? q October 31, 1997 Phil Porrini . NOV- 41997 Robert Peccia & Associates 925 Custer Avenue ROBERT PECCIA P.O. Box53 & ASSOCIATES Helena, MTT59644 Re: City of Kalispell Buffalo Commons PUD - Phase I1- Site Development Flathead County EQ 98-1553 Dear Mr. Porrini: The plans for the above referenced project have been reviewed by personnel under contract with the Permitting and Compliance Division and found to be satisfactory. Approval of the plans and specifications is hereby given. One set of plans and specifications showing the approval stamp of the MDEQ is enclosed. The project consists of approximately 600 lineal feet of 8 inch SDR 35 PVC sewer main, 7 manholes and appurtenances. The project also consist of approximately 770 lineal feet of 6 inch PVC Class 150 C900 water main and appurtenances. Approval is based on plan sheets CI-4, CI-5 and C1-6 dated October, 1997 and submitted under the stamp of Philip P. Porrini, Montana Professional Engineer Number 4371 E. Approval is also given with the understanding that any deviation from the approved plans will be submitted to the department for reappraisal and approval. Within 90 days after the project has been completed, the project engineer shall certify to the department that the project was inspected and found to be installed in accordance with the plans approved by the department. This certification shall be accompanied by a set of "as -built" record drawings signed by the project engineer. _ It is also understood that construction will be started within two years of this date. If more than two years pass before beginning construction, it shall be necessary to resubmit the plans and specifications when construction is anticipated. This two year expiration period does not extend any compliance schedule requirements pursuant to enforcement action against a public water/sewage system. Mark A. Smith, P.E. Drinking Water Section Permitting and Compliance Division Department of Environmental Quality c. Tom Laux, CEO, Northwest Healthcare, 310 Sunnyview Lane Kalispell, MT 59901 Flathead County Sanitarian _ 'M EOUAL err EWPUWM' •Z s �O SUBJECT Flathead e al Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Final Plat for Buffalo Commons Phase II, Block 2 June 21, 1999 Phone: (406) 758-5980 Fax: (406) 758-5781 BACKGROUND- This is a request for final -!at approval of 12 tov�rnhouse -lots and one common area. The townhouse lots will be developed as four triplex units. The area in lots contain approximately 1.9 acres and the common area contains approximately 3.3 acres. The preliminary plat for this subdivision was approved under a PUD by the Kalispell City Council on November 3, 1997 subject to nine conditions of approval. All of the infrastructure has been completed in a previous phase and dedicated and accepted by the City. This final plat is another phase of the Buffalo Commons PUD, but not the last. The development is located north of the hospital and east of Highway 93 in the north end of Kalispell. RECOMMENDATION: A motion to approve the final plat for Buffalo Commons Phase II, Block 2 would be in order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: June 14, 1999 Attachments: Letter evaluating compliance with conditions Final plat application and supporting documents Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •