Staff Report/Final PlatPLANNING FOR THE FUTURE MUJNIANA JL
REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
James H. Patrick, City Manager
Planning Department
201 1ST Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
SUBJECT: Final Plat Approval for Eastside Townhouses
MEETING DATE: September 15, 2008
BACKGROUND: Our office has received an application for final plat approval from
Montana Mapping on behalf of Dan Sandler for a two lot subdivision. The subdivision
divides an existing residential lot located at the southwest corner of the intersection of 13+h
Street East and 4+h Avenue East into two sublots. The site is 7,180 square feet in size with
an existing house on the west side of the property. The house address is 326 13th Street
East. The property is zoned R-4, Two Family Residential, and the proposed sublots meet
the requirements of the R-4 zoning district. The property can be legally described as Lot 1,
Block 250 Kalispell Addition #7 in Section 17, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana.
Our office waived the preliminary plat on May 15, 2008 subject to 14 conditions because it
was found that the subdivision can meet the criteria for preliminary plat approval waiver
criteria as outlined in Section 2.06 of the Kalispell Subdivision Regulations.
Findings of fact for approval of the plat are found in attached staff report KWP-08-3 and
letter to the city manager which review the conditions of approval and how they have been
met.
RECOMMENDATION: A motion to adopt the findings of fact in the staff report KWP-
08-3, approve the resolution to create the two lot subdivision and accept the subdivision
improvements agreement would be in order.
FISCAL EFFECTS: Potentially minor positive effects.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
r,
Sean Conrad James H. Patrick
Senior Planner City Manager
Report compiled: September 9, 2008
c: Theresa White, Kalispell City Clerk
Attachments: Transmittal letter and application materials
Staff report KWP-08-03
OW V11011M via 11Dffl&kVJ iii b
WMAN
i `• ' 1 i i
WHEREAS, Dan Sandler, the owner of the 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 May 15, 2008, by the
Kalispell Planning Department according to Section 2.06 of the Kalispell Subdivision
Regulations subject to 14 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-08-3) 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-08-3 are hereby adopted as the Findings of Fact of the City Council.
SECTION II. That the application of Dan Sandler for final plat approval of Eastside
Townhouses in Section 17, Flathead County, Montana, is hereby approved and
the Subdivision Improvement Agreement is hereby accepted.
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.
Pamela B. Kennedy
Mayor
Theresa White
City Clerk
Return to:
Theresa White
Kalispell City Clerk
201 1 s` Avenue East
Kalispell, MT 59901
APPENDIX
SUBDIVISIONIMPROVEMENT AGREEMENI
THIS AGREEMENT, made and entered into this
between the CITY COUNCIL, CITY OF KALISPELL,
hereinafter referred to as
Developer)
a
day of�- o �v I —, 20 0,51 , by and
MONTANA. ] aP rty of the First Part and
the CITY, and
, (Name of
(Individual, Compa/}��lj or Corporation)
located at I fiCt..r (1e5 � L t �� �i s el ih %
(Street Address/P. O. Box) (City, County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
THAT WHEREAS the Developer is the owner and developer of a new subdivision known as
Eq S+Tice, % tA.cjrI6 ,je S (Name of
Subdivision) _
located at 3 Z (G 1 S r��¢� s-
(Location of Subdivision)
and,
WHEREAS, the Ci has conditioned it's approval of the final plat of
%+s i d C T ow,/t OU e S , 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
$ / �, I iC)6z5
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City,
the Developer hereby agrees as follows:
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 $ /, /(� Z S Said Letter of
Credit or other collateral shall have an expiration date o at least sixty (60) days following the
date set for completion of the improvements, certifying the following:
a. That the creditor guarantees funds in the sum of $ 16, / 0 �. Z 5— the estimated cost of
completing the required improvements in } S t C t vy__ , lira v'e S.
(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 Ta 11 / 5¢ , 20
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 two (2) years 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, profiles, 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.
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT:
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 WHEREOF, the Parties have hereunto set their hands and seals the day and year herein
before written.
Da, n - -�O- n d �lf r —
(Name of Subdivision/Developer/Firm)
bya4?��7 t4A)S4rvZ® r
(Title)
STATE OF MONTANA
COUNTY OF f- ldli4a
On this 2 /1-4- day of y e y -J'
of Montana, personally appeared
Lax\&- v.OuKr-�of &&I i ,
the foregoing instrument and acknowledged to me that
20, before me, a Notary Public for the State
_, known to me to be the
whose name is subscribed to
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 e St e of Montana
Printed Name
Residing at�De ' L ,yitr
My Commission Expires — 17—
ATTEST:
CITY CLERK
J M MORGAN CONSTRUCTION
454 1st Avenue West North
Kalispell MT 59901
Phone: 249-6012
6/10/2008
Dan Sandler
326 13"i Street East
Kalispell, MT
Estimate #: s6102008ds-1
Order Date: June, 2008
Address of Property: 326 13`h Street East Kalispell, MT
Estimate as of 6/10/2008
260'x 5' of City Sidewalks as per plans dictate $ 3,200.00
160' of City Street Curbing $ 2,200.00
Storm drain Installation $ 2,200.00
Paving of 13 Street sewer and storm drain connection where paving removed $ 1, 000.00
Paving of Alley way from 13 Street East to end of property (326 13 Street East) $ 3,400.00
Total of Estimate: $12, 000.00
Terms: Payable upon Receipt
Please Make Check Payable To:
Jason Morgan or J. M. Morgan Construction
454 1st Avenue West North
Kalispell, MT 59901
Thank You; We Appreciate Your Business...
Sincerely,
Jason Morgan
Owner
EXHIBIT A
Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana.
EXHIBIT B
This agreement specifically includes the following improvements, their projected construction completion date and
estimated construction costs.
CHECK CONSTRUCTION ESTIMATED PERCENTAGE
APPROPRIATE COMPLETION CONSTRUCTION COMPLETE
IMPROVEMENTS DATE COSTS
Street Grading/Paving l,/ (_ / - Zvo? # gc100 d o
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
j - / - ZvD�
j-j-ZvuS
3 "zL)o
e zvo
Landscaping/Boulevard trees
Other ( )
SUBTOTAL UO
FEES
TOTALS COSTS / u $ ; 00
TOTAL COLLATERAL (TOTALS COSTS X 125%) % /06; Z 5
First
Bank
City of Kalispell
PO Box 1997
Kalispell, MT 59901
First Interstate Bank
2 Main St.
P.O. Box 7130
Kalispell, MT 59904-0130
406-756-5200
Fax:406-756-5260
www.firstinterstatebank.com
IRREVOCABLE STANDBY LETTER OF CREDIT NO. 2309600450 DATED
September 3, 2008.
Date: September 3, 2008
Expiration: June 30, 2009
RE: Daniel A. Sandler
We have established this Irrevocable Standby Letter of Credit No. 2309600450 solely in
your favor for drawings up to ONE THOUSAND ONE HUNDRED SIX DOLLARS and
25/100 ($1,106.25) effective immediately and expiring at our address, 2 Main Street,
Kalispell, MT with our close of business on June 30, 2009.
We hereby undertake to promptly honor your sight draft(s) drawn on us, indicating our
Letter of Credit No. 2309600450, for all or any part of this Letter of Credit if presented at
First Interstate Bank, 2 Main Street, Kalispell, MT on or before the expiration date or any
automatically extended date.
Except as stated herein, this undertaking is not subject to any condition or qualification.
The individual obligation of the Bank is in no way contingent upon reimbursement with
respect thereto.
This Letter of Credit shall be deemed extended without amendment for six months from
the expiration date, unless thirty (30) days prior to any expiration date we shall notify you
by Registered Mail that we elect not to consider this Letter of Credit renewed for any
such period.
It is a further condition of this Letter of Credit that any interruptions of the Bank's
conduct of business caused by an Act of God, riot, civil commotion, insurrection, war or
other cause beyond the Bank's control, or by any strike or lockout, will automatically
extend the expiration date of this Letter of Credit, as well as future expiration dates, by
the period of interruption.
In any communication with us regarding this Letter of Credit, please make specific
reference to our Letter of Credit No.2309600450.
This Letter of Credit is subject to the Montana Uniform Commercial Code and the
Uniform Customs and Practice for the Documentary Credits (1993 Revision)
International Chamber of Commerce Document No. 500 to the extent not inconsistent
with Montana Law. If any legal proceedings are initiated with respect to payment of this
Letter of Credit, it is agreed that such proceedings shall be subject to the Montana courts
and law.
Sincerely,
it
Chuck Werk
Vice President
Sincerely, i
Brad Kelsey
Commercial Loan Officer
Bond No.2080646
KNOW ALL MEN BY THESE PRESENTS: That Sandler Investments, LLC
11 Harvest Lane Kalispell, MT 59901
and North American Specialty Insurance Company
unto City of Kalispell
411 1st Avenue E Kalispell, MT 59901
in the sum of Fifteen Thousand Dollars and 00/100
for the payment of which we bind ourselves, our
jointly and severally, firmly by these presents.
, Principal,
Surety, are held and firmly bound
, Obligee,
Dollars ($ 15,000.00 },
legal representatives, successors and assigns,
WHEREAS, Principal has entered into a contract with Obligee, dated July 22, 2008
for 326 13th Street E Kalispell, MT Concrete Sidewalk, curbs and pave alleyway
copy of which contract is by reference made a part hereof.
NOW,THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly made payment
to all persons supplying labor and material In the prosecution of the work provided for In said
contract, and any and all duly authorized modifications of said contract that may hereafter be made,
notice of which modifications to Surety wing waived, then this obligation to be void; otherwise to
remain in full force and effect. :40:°' NANCY D. CATHCART
NOTARY PUBLIC-MONTANA
Z; NOTARIAL: +_
SEAL 1* Residing at Kalispell, Montana
SIGNED, SEALED AND DATED iAfnM4 My Comm. Expires 1 f
7— July 22, 2008
Sandler Investments, LLC (Seal)
(Principal)
gy.
i
North American Specialty Insurance Company (Seal}
(Surety)
BAdH
ne Attomey4n-Fact
NAS SURETY GROUP
NORTY, A.1`4ERICAN SPECIALTY INSUR4NCE COMPANY
VWASHINOTON'� INTERNATIONAL -WSUR?NCE COMPANY'
GENERAL POWER OF ATTORNEY
KNOW ALL MEN B`,=SE PRESENTS. THAT North American. Specialty Insurance Company. a corporadon duly' organized and exisdrIz unde-
laws ofthe State of New Hampshire. and having its principal office in the City of Manchester. New Hampshire. and Washington International
Insurance Company, a corporation organized and existing unde.- the laws of the State of Arizona and having its principal ofce in the City of Massa -
Illinois. each does hereby make. constitute and appoint:
ED HEINE. GEORGE S. SEATON. AIMEE N. CAVILL.
TERRY PA-YNE_ KERRY HEINE. TIFFANY' MCGONIGLE and 7ULIE A. MO.RAN
JOINTLY OR SEVERALLY
its true and lawful Attomev(s)-in-Fact' to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obiigaton• in the nature of a bond on behalf of each of said Companies, as surety. on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of: TWENTi'-FIVE MILLION (0-25.000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings dull, called and held
on the 24d' of March, 2000:
"RESOLVED, that any two ofthe President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any
Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power
of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney and to attach therein the seal ofthe Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
vALj D, itrp
P /i
1 tiZIOHp; t
_
SEAL °.O
= �Il�I 1�t "•
_=
— W m =
Steven P-Anderson, Presioent & Chief Enecut— Officer of Washington International Insurance Company S
_
:
= °' SEA L
l i,.� 1973 ¢,
Vice President of Narrh Anne— Specialty Insurance am
P pan}'
_-'
pla
k-�s--�^
kPJZDN
011lllµ\\�\\\
BY
David M. Layman, Vice Presid—t of WnahinRton intemanonal Insurance Compan}' &
Vice President of North American Specialty Imurance Company
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 12th dart of March -007
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Du Page ss:
On this 12th day of March , 20 07 , before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of
'Washington International Insurance Companv and Vice President of North American Specialty Insurance Company and David M. Lavman .
Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me, who being by me duly sworn_ ackmowledsed that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntan, act and deed of their respective companies.
a OF ICIAL SEAL"
SUSAN ANSEL
naaryPubic. Sized Oklds Susan Ansel. Notar•• Public
0 MyComm;ssion Exmires?1Fu'�%
I. James A. Caroenter the duly elected Assistant Secretan of North American Specialn� Insurance Company and Washinmon
International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attomey given by said North
American SDecialn insurance Company and Washington International Insurance Company, which is still in null force and effect.
1-N ,�/ITNESS WITIEREOF.. % have set my hand and affixed the seals of the Companies this 1248y of f % 20 >
i'
James A. Car Mlcr. ytce Prestdeni i f,sr:sun, Secrem�' of Washington Internanona: insurznce Comp— 4
tionn Amencan opeciahy Insurance Company
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.katispell.com/planning
September 8, 2008
James H. Patrick, City Manager
City of Kalispell
201 1st Avenue East
Kalispell, MT 59901
Re: Final Plat for Eastside Townhouses
Dear Jim:
This is a request for final plat approval for a two -lot subdivision located at the southwest
corner of the intersection of 13th Street East and 4th Avenue East. The address for the
property is 326 13th Street East. The proposed subdivision would divide the one lot into
two sublots for townhouse development. The property can be legally described as Lot 1,
Block 250 Kalispell Addition #7 in Section 17, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana. The preliminary plat process was waived for this subdivision
on May 15, 2008 due to the minor nature of the project with 14 conditions of approval.
A Subdivision Improvements Agreement (SIA) has been submitted to cover the cost of
improvements along 13th Street East and 4th Avenue East including curb, gutter,
sidewalks, storm sewer upgrades and seeding and planting trees within the boulevard.
The work is to be completed by January 1, 2009 for the street, sidewalk and storm sewer
upgrades. The street trees would be installed by April 30, 2009. The developer has
provided a security and letter of credit for 125 percent of the cost for installing these
improvements.
COMPLIANCE WITH CONDITIONS OF APPROVAL:
Prior to final plat
Condition 1. That the final plat is in substantial compliance with the preliminary plat that
was waived.
• This condition is met. The final plat is in substantial compliance with the
preliminary plat that was waived on May 15, 2008.
Condition 2. The existing fencing within the 13th Street East right-of-way shall be removed.
• This condition is met. The fence has been removed.
Condition 3. Submit a revised parking plan for the 2,600± square foot sublot.
This condition is met. A revised parking plan has been submitted and approved by
the planning department.
Condition 4. The following note shall be placed on the final plat: "Property owner(s) shall
waive their right to protest the creation of a special improvement district for road
upgrades in the area to City standards which are impacted by this subdivision."
® This condition is met. The note appears on the face of the final plat.
Condition 5. The right-of-way along both 4th Avenue East and 13th Street East shall be
improved to city standards or adequately bonded for and shall include a stand-up
curb, landscaped boulevard and sidewalk. The plan for improvements shall be
reviewed and approved by the Public Works Department and Parks and Recreation
Department and installed prior to final plat.
Dote: The sidewalk shall be placed one foot off of the outside edge of the right-of-way
except the following:
® The sidewalk along 4th Avenue East shall meander around the existing street tree
located at the southeast corner of the property.
® The sidewalk along 13th Street East shall meander around the existing house and
maintain a minimum distance of 5 feet from the existing house to the sidewalk.
This condition is met. The Public Works Department and Parks and Recreation
Department have reviewed and approved street improvements plans and the
associated costs included in the SIA.
Condition 6. Drainage improvements shall be installed at the southwest corner of 4th
Avenue East and 13th Street East. Improvements shall include necessary curbing
and a drainage inlet to be tied into the city's existing storm water system.
® This condition is met. The Public Works Department has reviewed and approved
the drainage improvement plans and the associated costs included in the SIA.
Condition ?. The alley on the west side of the property shall be paved to city standards
from the existing edge of pavement along 13th Street East to the south boundary of
the property.
® This condition is met. The Public Works Department has reviewed and approved
the cost associated with paving the alley and included in the SIA.
Condition 8. A municipal facilities exemption shall be obtained from the Montana
Department of Environmental Quality and a letter from the Kalispell Public Works
Department stating that municipal water and sewer are available and will be provided
to all lots. Existing and new utility easements shall be shown on the final plat.
® This condition is met. The municipal facilities exemption from the Montana
Department of Environmental Quality dated May 5, 2008 was submitted with the
final plat application.
Condition 9. Separate water and sewer service lines shall be installed to each of the
sublots. Water service lines shall include a 10-foot wide unobstructed easement across
adjacent private property. These easements shall be shown on the final plat.
® This condition is met. A 10-foot wide water line is shown on the final plat to serve lot
IA. Separate water and sewer service lines will be installed during construction of
the house on lot 113.
Condition 10. The parkland dedication requirements shall be met with the payment of cash
in lieu of parkland equal to 0.03 acres of land. The payment shall be based on the fair
market value of undivided, unimproved land.
Note: On March 3, 2008 the city council amended the subdivision regulations to
require parkland dedication or cash in lieu payment for minor subdivisions in
accordance with State law. The city's policy is to credit the existing house and lot
towards the required parkland requirement and the council has the option to waive
parkland requirements for the creation of one additional lot. The council will be setting
the policy regarding parkland for one additional lot in the coming months.
® Based upon further review of the state statute regarding parkland by the city
attorney, the city cannot require parkland or cash in lieu payment if only one
additional lot is being created. Therefore, this condition is invalid and does not
need to be met.
On -going conditions
Condition 11. Prior to any excavation or earthwork, a City Stormwater Management
Permit shall be approved and issued from the Kalispell Public Works Department. In
accordance with Ordinance 1600, the permit shall include a permit application, site
map, narrative describing the best management practices to be used and a completed
checklist.
® The developer of each lot would have to comply with the city's storm water, erosion
control and dust abatement programs prior to ground disturbing activities.
Condition 12. All areas disturbed during development shall be re -vegetated with a weed -
free mix immediately after development.
® The developer of each lot would have to comply with this condition.
Condition 13. All new utilities shall be installed underground.
® This will occur with the development of the lots.
Condition 14. This waiver of preliminary plat approval is valid for three years and will
expire on May 20, 2011.
® The final plat for this subdivision has been submitted to the Kalispell Planning
Department prior to the expiration of the preliminary plat waiver.
CKON114 � �, • �: • � t rr
The final plat is in substantial compliance with the preliminary plat which was waived on
May 15, 2008.
• 1; t3 V 9; a V; $ DIF-40:3 r Tj W CGR•
This subdivision plat has been found to be in substantial compliance with the State and
City Subdivision Regulations. All taxes are current and there are no liens or
encumbrances on the property.
This subdivision complies with the Kalispell Zoning Ordinance and the R-4 zoning
designation.
ItIAX610MIJI• •
All of the conditions of the preliminary plat waiver have been adequately addressed. The
staff recommends that the Kalispell City Council approve the final plat for this
subdivision. Note that the SIA should be accepted along with the final plat approval.
Please schedule this matter for the September 15, 2008 city council agenda if possible.
You may call me at 758-7940 if I can be of assistance to you regarding this matter.
Sincerely,
Sean Conrad
Senior Planner
Attachments: 2 reproducible Mylar of final plat
1 blueline of final plat
11 x 17" copy of plat
Vicinity map
Staff Report KWP-08-03
Final plat application dated 8/21/08
Letter from Montana Mapping dated 8/20/08
Letter from MDEQ dated 8/ 13/08
Letter from Parks and Recreation Department dated 9/4/08
Municipal Facilities Exclusion Checklist
Subdivision Improvement Agreement dated 8/8/08
North American Specialty Insurance Company dated 7 / 22 / 08
Payment bond #2080646 dated 7/22/0/
First Interstate Bank letter of credit #2309600450 dated 9/3/08
Ticor Title Report # 7403078-1196 dated 8/20/08
Consent to Plat from Provident Financial, Inc. dated 8/21/08
Treasurer's certification dated 8/21/08
c: Dan Sandler, 11 Harvest Lane, Kalispell, MT 59901
Theresa White, Kalispell City Clerk
KALISPELL PLANNING DEPARTMENT
STAFF REPORT KWP-08-03
REVIEW AND FINDINGS •;: FACT
SEPTEMBER •: 2008
This is a report to the Kalispell City Council detailing findings of fact for a two lot
residential subdivision. Preliminary plat approval for this minor subdivision was
waived on May 15, 2008 with 14 conditions of approval.
BACKGROUND: This is a residential subdivision that creates two lots. The proposed
lots are located in a residential neighborhood with existing water and sewer services
available.
A. Applicant: Dan Sandler
11 Harvest Lane
Kalispell, MT 59901
TechnicalAssistance: Montana Mapping Associates, Inc.
1405 Hwy 2 West
Kalispell, MT 59901
B. Location and Size: The property is a subdivision located at the southwest
corner of the intersection of 13th Street East and 4th Avenue East. The address
for the property is 326 13th Street East. The proposed subdivision would divide
the one lot into two sublots for townhouse development. The property can be
legally described as Lot 1, Block 250, Kalispell Addition #7 in Section 17,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.
Total area: 7,180 square feet
Sublot IA: 2,662 square feet
Sublot 1B: 4,518 square feet
C. Existing and Adjacent Land Uses: The property is developed with a single
family residence. The surrounding area is made up of single family residences
and duplexes.
D. Zoning: The property is zoned R-4, Two Family Residential. This zoning
district has a minimum lot width requirement of 50 feet and a minimum lot
size requirement of 6,000 square feet. The two proposed lots do not meet this
minimum lot size or lot width. However, the proposed lots are considered
sublots. Further discussion on how the proposed sublots meet the zoning
district requirement can be found under Findings of Fact, Section G, of this
staff report.
1
E. Relation to Growth Policy: The property is designated as an Urban Mixed
Use Area in the Kalispell Growth Policy Future Land Use Map. The existing R-4
zoning is consistent with this land use designation.
P. Utilities:
Water and Sewer:
Electricity:
Telephone:
Gas:
School:
Police:
Fire Protection:
rB O"asil•
City of Kalispell
Flathead Electric Coop
CenturyTel
Northwestern Energy
School District #5, Kalispell
City of Kalispell
City of Kalispell
This application has been 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 and adequate access to the site. There is an
existing fire hydrant located at the intersection of 4th Avenue East and 13th
Street East within the road right-of-way. There are no other apparent health or
safety hazards near the subdivision.
B. Effects on Wildlife and WildlifeHabitat: The subdivision is not located in
known big game habitat and the property is not considered suitable habitat for
other significant wildlife. Local and migratory bird species and small mammals
common to the area will not be affected by this action.
C. Effects on the Natural Environment: The site exists in an established
residential area of Kalispell. The site is level and is not in or near a designated
100-year floodplain per flood insurance rate map number 30029C 1820G nor is
it subject to slope failure, subsidence or severe erosion. The subdivision will be
served by City of Kalispell water and sewer minimizing impacts to groundwater.
Impacts to the natural environment are not expected to occur as a result of this
subdivision.
Sewer and Water: The City of Kalispell will provide water and sewer service to
the property. There are existing water and sewer mains directly accessible to
the proposed lots within the 4th Avenue East and 13th Street East right-of-ways.
Access and Roads: Access to the property will be provided along 13th Street East.
This road exists within a 66-foot right-of-way and is considered a local street. 13th
Street East is paved but in this area lacks curb, gutter, landscaped boulevard and
sidewalk as shown in the photograph below. One condition of approval requires
the owner to improve this section of 13th Street East from 4th Avenue East, west to
the alley located on the west side of the property, to current city standards. As
part of the street improvements the developer will be installing an additional storm
drain at the southwest corner of 4th Avenue East and 13th Street East.
Photo 1: Looking west along 13+h Street East at the intersection of 13th Street
East and 4+h Avenue East.
Sidewalks: The property does not currently contain sidewalks. Pursuant to
Chapter 3 of the subdivision regulations, the owner is required to improve the
right-of-way to city standards which would include a sidewalk, seeding and
boulevard trees. The applicant has bonded for these improvements. The sidewalk
would provide the start to a pedestrian path system along 13th Street East. The
sidewalk will have a slight meander in front of the existing house on the property
because the house encroaches within the 13th Street East right-of-way by several
feet.
The photograph on the following page shows the approximate right-of-way
boundary in relation to the existing house on the subdivision site. As the photo
shows, the house encroaches within the road right-of-way by several feet. The
Public Works Department noted that individual homes or portions thereof are not
permitted in the right-of-way.
However, the department did not recommend that the several feet of the existing
house be moved out of the right-of-way. The department came to this conclusion
based on the following:
• The age of the structure. (Properly information on the State's website,
http: / /gis.mt.gov/, has the house being built in 1920)
• The relatively minor encroachment into the right-of-way.
3
• Removing the front several feet of the house would not achieve any desired
results for either an increased road width or the installation of a landscaped
boulevard and sidewalk.
A sidewalk connection will also be installed along 4th Avenue East. The installation
of a sidewalk along the west side of 4+h Avenue East will provide for a continuous
sidewalk from 14th Street East north to Center Street. Here again a slight meander
will occur in the sidewalk to save an existing tree located on the right-of-way
boundary.
Photo 2: Looking west along 13th Street East. This photo shows the
approximate location of the 13+h Street East right-of-way in relation to the
Schools: This property is within the boundaries of School District #5, Kalispell.
This subdivision is residential in nature and will have limited impacts on the
enrollment of the school district. One to two school aged children may result
from the addition of one single family house on the property.
Parks: Although a condition was placed on the preliminary plat to require a
cash in lieu of parkland payment be made, upon further review of the state
statute regarding parkland, the city cannot require parkland or cash in lieu
payment if only one additional lot is being created.
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.
M
Refuse Disposal: Solid waste pick-up is currently provided by the City of
Kalispell. No significant increased impacts are anticipated as a result of the
proposed subdivision.
Medical Services: Emergency medical service is provided by the Kalispell
Regional Medical Center; ambulance and life flight services are also available.
E. Effects on Agriculture: 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 residential 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 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 R-
4, Two Family Residential. This zoning district has a minimum lot width
requirement of 50 feet and a minimum lot size requirement of 6,000 square
feet. Two of the proposed lots do not meet the minimum lot size or lot width
under the R-4 zoning district. However, the two lots are considered sublots
which are defined as a portion of a platted lot designated for separate
ownership from other portions of the lot and used for townhouse or other
construction that has separate ownership of parcels. Section 27.22.130 of the
Kalispell Zoning Ordinance requires sublots to be within a recorded subdivision
lot whose area is at least 6,000 square feet; the sublot must be 2,000 square
feet or greater in size. The proposed sublots meet these requirements.
IzaDwelj)IJ)ID) Z IPTA 10)�I
Staff recommends that the Kalispell City Council adopt Staff Report KWP-08-03 as
findings of fact for the proposed subdivision and approve the final plat.
5
of Kalis.. f1
Parks and Recreation
September 4, 2008
Dan Sandler
11 Harvest Lane
Kalispell, MT 59901
306 1 st Ave East — P O Box 1997 — Kalispell MT 59903-1997
Phone: (406) 758-7960 Fax: (406) 758-7719
Email: cfincher@kalispell.com
Re: Corner of 41h Ave & 13th Street East
To whom it may concern:
This letter is to serve as approval on the landscaping plans for the corner of 4th Ave & 131h Street East per
the plans I reviewed with you. It is agreed that the project is going to be secured by a letter of credit,
expiring on June 30th, 2009. Kalispell Parks and Recreation is in receipt of the irrevocable standby letter
of credit Dated September 3, 2008 and numbered 2309600450 from First Interstate Bank in Kalispell.
Tree plantings are required to meet the Street Tree Ordinance standards of 2 1/4" caliper, be of an
approved species from the Kalispell Parks department planting list and be planted to ISA standards. No
rock will be accepted as mulch or ground covering along the boulevards behind the sidewalk towards the
curb.
Final approval will be given upon completion, inspection and approval of the landscaping and tree
plantings, at which time bonding and/or letter of credit would be released if it is in place. .It should be
noted that the trees and landscaping are under a warranty period and should they die within this time
frame, the developer will be responsible for replacement.
It has been enjoyable working with you, if you have any concerns or questions please give me a call.
Sincerely,
i"
Chad Fincher, Parks Superintendent
Cc: Mike Baker, Parks and Recreation Director
Sean Conrad, Planning Department
MUNICIPAL FACILITIES EXCLUSION CHECKLIST
(Formerly Master Plan Exclusion)
Below please find the information required under §76-4-12, MCA, regarding a municipal facilities
exclusion for this subdivision within a growth policy area or first-class or second-class municipality. Use
of this checklist is only appropriate when the municipality is providing the water and sewer main service
and when the municipality engineering staff is reviewing the plans and specifications prior to approval.
2. Applicant: Name )ae V_fAXk h Q qCj l E --
Address �� �Pa�'% k jj, 01
3. Engineer: Name t� -► f 1A nina
Address Oc5 9W V 7 W ! aj,SP y" � �Sa'ytol
4. Copy of the preliminary or final plat: Atta hed L- Number of parcels in th� subdivision
5. A copy of any applicable zoning ordinances in effect: Attached ,,- Not applicable
6. How construction of the sewage disposal and water supply systems or extensions will be financed
(method of financing) Qr ly �, CjF_V e j db-J'
7. Certification that the subdivision is: (Check one)
Within a jurisdictional area that has adopted a growth policy
Within a first-class municipality
Within a second-class municipality
8. Copy of growth policy: Attached On file i -,-"Not applicable
9. Location of the subdivision to the city or town, vicinity map attached: Yes �/� No
10. Will the owner of the municipal facilities own, operate, and maintain the water supply, sewage
disposal, solid waste, and storm water facilities? Yes ✓ No
11. All water and sewer mains or extensions as defined in §76-4-102, MCA, (a main or extension is
any line that serves more than one building or living unit) will be under the control and
maintenance of the certifying municipality? Yes No
12. Will the existing water main(s) need to be extended to serve the subdivision? Yes No ✓
13. Will the existing sewer main(s) need to be extended to serve the subdivision? Yes No
14. Exclusion Checklist review fee ( $75) included: Yes ✓ No
15. I certify that adequate municipal facilities for the supply of water and disposal of sewage and
solid waste are available or will be provided within one (1) year after notice of certification is
issued, and I certify that the governing body has reviewed and approved plans to ensure adequate
storm water drainage. I further certify that I am authorized to sign this form on behalf of the
governing body. �j
Name %- CA6 ,-S Signature
(Please print legibly)
Department E0,6 L-L C- W p IZ-l6::( Title &,A4 y t�46 L4 C.- cL)b" "-f
City Zip Code Phone 4-06 —IST3
Please sign and send with the $75 review fee to:
MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY
SUBDIVISION REVIEW SECTION, PERMITTING & COMPLIANCE DIVISION
PO Box 200901
HELENA MT 59620
Revised 12/03
August 20, 2008
Flathead County Planning and Zoning
1035 First Ave. West
Kalispell, MT 59901
Attention: Sean Conrad, Senior Planner,
Please find enclosed the Final Plat application for Eastside Townhouses. The following
are attached to this cover letter and the conditions have been met in the following ways:
a. Final Plat application with a check for fees is attached.
b. Most current Deed
c. Current Title Report
d. Consent to Plat signed and notarized by Provident Financial.
e. Subdivision Improvement Agreement
f. Bonding documentation
g. l IX17 of Final Plat is attached.
h. Signed Notarized Mylars are attached.
i. Documentation all taxes are paid up to date.
The Final Plat is in substantial compliance with the preliminary plat that was
waived on May 15, 2008.
2. All existing fencing within the 13'h Street East right-of-way has been removed.
3. A revised parking plan for the 2,600 square foot sub lot is attached.
4. The following note is placed on the final plat: "Property owners(s) shall waive
their right to protest the creation of a special improvement district for road
upgrades in the area to City standards which are impacted by this subdivision."
5. The stand-up curb, landscaped boulevard and sidewalk are being bonded for and
the appropriate documents are attached.
6. All drainage improvements are being bonded for and the appropriate documents
are attached.
7. The paving for the alley on the west side of the property is being bonded for and
the appropriate documents are attached.
8. A municipal Facility exemption has been obtained from Montana Department of
Environmental Quality and a checklist from Kalispell Public Works are attached.
All existing and new utility easements are shown on the final plat.
9. Separate water and sewer service lines are not installed to each of the sub lots.
All easements are shown on the final plat.
10. This proposal is exempt from Parkland dedication requirements.
11. All permits will be approved and issued from Kalispell Public Works Department
prior to any excavation or earthwork.
12. All areas disturbed during development shall be re -vegetated with a weed -free
mix immediately after development.
13. The waiver of preliminary plat approval is valid for three years and will expire on
May 20, 20011.
Professionally,
Brooke Laidlaw Howard
Montana Mapping Associates
1405 Hwy 2 west
Kalispell, MT 59901
1-406-752-3539
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
FINAL PLAT APPLICATION
Project / Subdivision Name: S 0 °— —Faun nhOUZS
Contact Person:
• • • - 1 1 �� ._
R. i_•
Phone ,
Date of Preliminary Plat Approval: AG}_ S , Zu7
Owner & Mailing Address:
.• L �i mRrf
off�•/� tj •
Type of Subdivision: Residential X Industrial Commercial PUD Other
Total Number of Lots in Subdivision A 1&ts
Land in Project (acres) n. I b atei-S
Parkland (acres) Cash -in -Lieu $ Exempt
No. of Lots by Type:
Single Family Townhouse Mobile Home Park
Duplex Apartment Recreational Vehicle Park
Commercial Industrial Planned Unit Development
Condominium Multi -Family Other
Legal Description of the Property
r 1 r" - C 1. _ -
FILING FEE ATTACHED $ 00,
Minor Subdivision with approved preliminary plat $400 + $125/lot
Major Subdivision with approved preliminary plat $800 + $125 lot
Subdivisions with Waiver of Preliminary Plat
Subdivision Improvements Agreement j
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
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
fi lat ap 'cations be accompanied with a digital copy.
Owner(s) Signature , � �Z Dat
**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
2
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m
� � \ � \� � �\ \�< : � � �� ��
VICINITY MAP SCALE
FINAL PLAT - EASTSIDE TOWNHOUSES
A 2 LOT TOWNHOUSE SUBDIVISION ON .16 ACRES
IN THE R-4 (TWO FAMILY RESIDENTIAL) DISTRICT
PIJDT DATE 8/21/08
H:\gis\site\kwpOB-03 EmsWde TH.dwg
TICOR TITLE INSURANCE COMPANY
Policy No. 7403078- 119 6
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:
- 'S�l 6, 6)a &0 -
I ' Authorized Signatory
TICOR TITLE INSURANCE COMPANY
By 7
Attest
�F President
Secretary
Reorder Form No. 8993 (Reprinted 12/00) Miscellaneous Guarantee Face Page
For Use In Montana & Washington
Guarantee No.: 7403078-1196
Order No.: 2060809067
Liability: 1,000.00 Fee: $50.00
1. Name of Assured: Montana Mapping
2. Effective Date of Guarantee: August 1.1., 2008 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):
Lot 1 in Block 250 of Kalispell To` nsite Company's Addition Number Seven to Kalispell, according to the official
plat thereof, filed in Official Records of Flathead County, Montana.
The above described tract of land shall hereafter be known as: Eastside Townhouses
Title to said real property is vested in:
Daniel A. Sandler and Karen Sandler as joint tenants.
B. There are no mortgages or deeds of trust which purport to affect said real property, other than those shown below
under Exceptions:
SEE SCHEDULE B
No guarantee is made regarding (a) matters affecting the beneficial interest of any mortgage or deed of trust which may be
shown herein as an Exception, or (b) other matters which may affect any such mortgage or deed of trust.
No guarantee is made regarding any liens, claims of lien, defects or encumbrances other than those specifically provided
for above, and, if information was requested by reference to a street address, no guarantee is made that said real property
is the same as said address
i .1
Eela:7"My [e M0[l72-iW-IV4
Order No: 2060809067
Policy No: 7403078-1196
EXCEPTIONS:
1. 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 grails 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 2008 which are a lien not yet payable.
6. 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.
A Deed of Trust/Trust Indenture to secure an indebtedness in the amount show below and any other obligations
secured thereby:
Amount: $316,971.00.
Trustor/Grantor: Daniel A. Sandler and Karen Sandler.
Trustee: First American Title Co. of Montana.
Beneficiary: Provident Financial, Inc..
Dated: May 15, 2008
Recorded: May 16, 2008.
Instrument No.: 2008-00013609 of Official Records.
8. Easements, reservations, restrictions, notes and/or dedications as shown on the unrecorded plat of Eastside
Townhouses.
9. Terms and provisions of State of Montana, Department of Environmental Quality, Certificate of Subdivision Plat
Approval, to be recorded with Eastside Townhouses, of Official Records.
10. Certificate of Utitlity Easement as shown on unrecorded plat of Eastside Townhouses.
11. Note: The property described is in the Kalispell Fire District.
F
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I