Staff Report/Final Plat (Combining Raven Rock and Three Mile Sub)Try. -City Planning Office
7 Second Street East -- Suite 211
Kalispeli, Montana 59901
Phone: (40 ) 751-1850
Fair: 1 ) 751-1858
tricit ,cent el.net
www.trl*cityplanning-mt.com
REPORT TO: Kalispell Mayor and City Council
FROM: Tom Bentz, Director
Chris A. Kukulski, City Manager
SUBJECT Final Plat for Three Mile Subdivision
MEETING DATE: August 16, 2004
BACKGROUND. This is a regl.est frorn Tirn Birk for final plat approval of Three
Mile Subdivision and Raven Rock Subdivision which plats 58 residential lots on
approximately 16.95 acres. This subdivision plats all the lots in both subdivisions as
a. single subdivision to be known as Three Mile Subdivision. The property lies at the
northeast corner of North Riding Road and. Three Mile give. Sunset Court was
extended to connected with the northeast corner of this subdivision and creates as
through connection to North Riding Road.
The zoning for these subdivisions is l - , Urban Single Family Residential, and A- 1,
Lour Density Residential Apartment. The R-3 portion of the subdivision contains
approximately 14 acres while RA- 1 portion of the subdivision contains appro ma.tely
three acre s . The RA- portion lies along the south boundary of the sub division and is
intended to provide a buffer between Three Mile Drive and the single fanii..ly hones to
the north.
Both of these subdivisions were approved in the early fall of last year within several
months of each other subject to conditions of approval.. The required cash in Lieu of
parkland dedication was submitted with the final plat application for both subdivision
in the total amount of $26,910 and that money will be used for improvements to
Sunset Park which adjoins this subdivision to the east.
In accordance with the conditions of approval, approximately two-thirds of the
required infrastructure has been completed and a. subdivision improvements
agreement has been submitted with a letter of credit in the amount of 125 percent of
the cost of the remaining improvements with the final plat application.
Raven Rock property was annexed into the city and the subdivision given preliminary
plat approval by the Kalispell City Council on August 4, 2003. The Three Mile
Subdivision was annexed into the City and given preliminary plat approval by the
Kali.spel.l. City Council on November 3, 2003. Both were approved subject to conditions
via Resolutions 4822 and 4843.
Providing Community Planning Assistance o:
City of Columbia Fails $ City of Kalispell a City of Whitefish
Final Flat for Tree bile Subdivision
August 11, 2004
Page
RECOMMENDATION: A motion to accept the subdivision improvements agreement
and, approve the final plat for Three Mile Drive would be in order.
ALTERNATIVES* his suggested by the City Council.
Respectfully submitted,
Ta.rda At. iison Chris A. Kukulski
Senior Planner City Manager
Report compiled: August 11, 2004
Attachments: Letter of transrnittai and attachments
Final plat application and supporting documents
pmdix - Page - 23
APPENDIX E
SUBDFVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT., made and entered into this day o
19 by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the
Fit art 41wd hereinafter referred to as the CITY!, and
(Nmw off` -vvlo r
am L.
(Individual, Company or Corporadio
located at WS L
(Ste Address/P. 0.Box) (CM, ountiT., State.. f P)
Party of the Second Part and hereinafter referred to as DEVELOPER.
THAT WHEREAS, the Developer is the owner and developer of a new subdivision
known as r r M i i :501�rWVLA/n& I
(Nmw of Subdivision:)
locatedZd W Jrw M
. a V#7- -
�(�on ofSubdivision)
and,
WHERE' S, the City has conditioned ifs approval of the final plat o
'Tipjivrr, ILZ -upon the conditions as set fah
(Nam of S6divislon)
in the Preffinmaxy Plat of the Suasion being completed and all improvements, as Cited M
"Exhibit " have not been completed at this one, and the Dcveloper wishes to bond for the
completion of those improvernents set fort. in "Exhibit "-- and
WHEREAS, the Cit's Subdivision Relations require that a subdivider shall provide a
financial security f 1 5% of the estimated tom cost of eon tin of said ftnprovements. as
evidenced by an elate prepared by a licensed public engm*eer included herewith as "Exhibit B";
mid
WIIERE. S, the estimated totalcost of constnwhonof said improvements is the sum of
*�
NOW THEREFORE, in consideration of the approval of the -final plat of sad Subdi-vision
by the City, the Developer hereby agrees as follows
The Developer shall deposit as collateral with the City a Leffer of Credit, or other
acceptable collateral as detenni ed by the City oune ., in the amount of
0' e-4, 144 Z 6'6- . Said Letter of Credit or other collateral shall have an expiration
date of at lAst sib days following the date set for complefion of the improvements, eertify�
the following:
Pie - - Appendmi
.. That the creditor guarantees funds M -the sum of I ?e- i .9 1
0.. ........ . . .......... I ................ 0
w ��
the estimated cost o f complefingthe required improvements M
(Nam of Subdmsion)
. That if the Developer fails to loomplete the specified irnprovements within
the requir d prod, the ewditor will pay to the City immediately, and without further action,
such ids as are necesswy to finance the wmpletion of those nnprovements up to the
meted of credit stated in the letter;
That w*d re uir h'nprovements shall be fly completed by
. That upon completion of the regw'red improvements, the Developer shall cause to
e filed with the City a statement cerb'fy�g that:
a. All required u'nprovernent are complete;
b. That the improvements are m- comp Dance with the minimum standards
specified by the City for their construction and that the Developer warrants said
unprovements agamst any and all defects for a period of one 1) year from the date of
acceptance oft e completion of those improvements by the City;
C. That the Developer knows of no defects m those improvements';
That these improvements are ftee and clear f any encumbrances or liens;
C. That a schedule of acts constructiott costs has been filed with the City;
ands
f All applicable fees and surcharges have been paid.
4. The Developer sal cause to be filed with the City copies of final plans, pro .es-
des and ski fi eat ons of sm'n`nprovements,, with Lhe certifica"'on of the registered professional
engineer re pmsi. 1e for the preparation that all required n'nprovemcnts have been installed i
conformance with said specifications.
Appendix - Page -2
IT IS ALSO AGREED BY ANDBETWEEN THE PARTIES HERETO AS
FI LLI WS, T -WIT:
That the Developer shall provide for inspection of all require improvements by a registered
professional engineer before the Developer shall be released from the Subdivision hnprovernent
Agreement -
That if the City determines that anv improvements are not constructed m coniphanee with
the specifications, it seal ash the Developer with a list of specific deficiencies and may
withhold wilateral sufficient to insure &uch compliance. ff the City determines that the Developer
will not eonstnact any or all of the improvements m accordance with, the spec-Ifi at ins, or ifl-lin
the requff' ed tune lets, it may withdraw the collateral and employ such funds as may he neeessaxy
to comet the improvement or improvements Mn accordance with the specifications. The unused
portions of the collateral steall be retunied to the Developer or the crediting institution, as is
appropnate.
IN WITNESS WHEREOF, the Peres have hereunto set their .hands and se0s the day and
year herein before Witten.
OM y
Viij
o sutd.'llo Develon
(Tide)
STATE OF MONTANA
COUNTY OF
n this - m , ire m, a Notary chic
for the State of Motes, personally appears known to
one to be the of _ whose
name is subscribed to the .foregoing mnstrume t and acknowledged to one that he/she executed the
same.
MAYOR, CITY OF KALIS ELL ATTEST:
M.Y.
FMN E DEC.
EXHIBff
COLLATERAL CALCULATION FOR THREEMILE SUBDMSION
This agre=ent specifically includes the following improvements,their projected
t P E
construction completion date and esfimat d wngr ction costs. ,
Q
HECK CONSTRUCTION E'MA`ED
` _ 5 -tip
APPROPRIATE CO P ` ON' CONSTRUCTION,
LWRVEMENT ` DATE COSTS
StreetGrading/Paving , 4T OO
Street Base COMPLETE 714/ 0 4
Sidewalks $61-4965,00
Curbs and Gutters COMPLETE 8/1/2004
amity Sewers
Other CONPLETE 7/4/2004
On -Site Smage N
Facilities
Water Systems
Mains COWLE. TE. 7/4/004
Other COMPLETE 7/4/004
On -Site Water Supply N
Water Storage Tanks NA
Fire fidrants COWLETE 7/4/ 004
Storm Sewer or
Drainage Facilities CONPLETE 7 4f OO4
street sigm $650.00
Street Lighting PAID
Street Monuments N
Survev Monument Boxes COMPLETE /4/004
Landscaping $241700,00
Other BIKE T ,03 . 0
SUBTOTAL $1521294.00
FEES � .0
'DOTAL COSTS 55,E 4. 00
Please contact me if you have any questions or require any additional infon-nation}
Sincerely
Bret i P.R.
Tri-Ciky Planning Office
17 Second Street East —Suite 211
Kalispell, Montana 59901
Pbone: (40 751-1850
Fay: 406 751-1858
t ricity* ce n to rte i. n e t
August 11, 2004
Chris Kukulski, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59901
Ise: Final plat for Three Mile Subdivision.
Dear Chris. -
Our office has received an application from Tim Birk for final plat approval. of Three
Mile Subdivision and Raven. Rock Subdivision which plats 58 residential lots on
apprwdmately 16.95 acres. This subdivision plats al. the lots in both subdivisions as
a single subdivision to be known as Three Mlle Subdivision. The property lies at the
northeast corner of North Riding Road and. Three Mile Drive. Sunset Court was
extended to connected with the northeast corner of this subdivision and creates as
through connection. to North Riding Road.
The zoning for these subdivisions is R- , Urban Single Family Residential, and A-1,
Lover Density Residential Apartment. The R-3 portion of the subdivision contains
appro ai Gately 14 acres while A-1 portion of the subdivision contains appro. i rn ately
three acre . The RA-1 portion he s along the south boundary of the subdivision and is
intended to provide a buffer between. Three Mile Dave and the single family hones to
the north.
Both of these subdivisions were approved mn the early fall of last year within several
months of each other subject to conditions of approval_ The required cash in lieu of
parkland dedication was submitted with the final plat application in the arnount of
$ , 91 o and that money will be used for improvements to Sunset Park which adjoins
this subdivision to the east.
In accordance with the conditions of approval., approximately two-thirds of the
rewired infrastructure has been completed and a. subdivision improvements
nen.ts
agreement has been submitted with a. letter of credit in the amount of 125 percent of
the cost of the remaining improvements with the final plat application.
Raven. Rock property was annexed into the city and the subdivision given preliminary
plat approval by the Kalispell City Council on August 4, 2003. The Three Mile
Subdivision was annexed into the City and given prehminary plat approval by the
Kalispell City Council. on November 3, 2003. Both were approved subject to conditions
via Resolutions 4822 a.n.d. 4843. The following is a list of the conditions of preliminary
Providing Community Planning Assistance To:
City of Kalispell * City of Columbia bi Falls * City of Whitefish
Final Plat for Three Mile Subdivision
August l 1, 2004
Page 2
preliminary plat approval for this subdivision and a discussion of how they have been
met or otherwise addressed.
M LUNE WITH CONDITIONS OF APPROVAL W RAVEN ROCK SUBDIVISION
Condition No. 1. Development of the subdivision shall be platted in substantial
compliance with the approved preliminary plat which governs the location of lots and
roadways within the subdivision except as modified by the conditions listed herein.
This condition has been met. The preliminary plat complies with the preliminary
plat which was submitted.
Condition No. 2. That the roadways serving the subdivision sh.al.l be constructed in
accordance with the adopted Design and Construction Standards for the City of
alispel for local streets.
This condition has been met or otherwise adequately addressed. Most of the
roadwork has been completed with the remai n in worked covered under a.
subdivision i-mprovements agreement reviewed and approved by the Kalispell
Public works Department and certified by a licensed engineer.
Condition No. 3. That a letter be obtained from. the Kalispell Public works
Department approving the plans and specifications for water, surer and drainage
facilities for the subdivision.
This condition has been met. A. letter from the Kalispell Public works Department
approving the plans and specifications for the project has been submitted with
the final plat.
Condition No. 4. A letter from an engineer licensed in the State of Montana
certifying that the n' nprovernents have been installed according to the required
specifications shall be submitted at the time of final plat approval along with a letter
from the Kalispell Public `'works Department stating that the required improvements
have been inspected and comply with. the City standards.
This condition has been. met. A certification from a licensed engineer and a. letter
from the Kalispell Public Works Department has been submitted with the final
plat stating the work to date has been reviewed and complies with. City standards
and the rerna-ining wore has been covered under an SIA.
Condition No. 5. Development of the landscape boulevard with location of street
trees shall be placed in accordance with a plan approved ky the Kalispell Parks and
Recreation. director.
This condition has been met. A letter from the Kalispell. Parks and Recreation
Department has been submitted with the final plat outlining a plan for
landscaping the boulevards. The landscaping is included in the SIA,
Final plat for Three Mile, Subdivision
August 11, 00
Page
Condition No. 6. A storm water drainage plan which has been designed by an
engineer licensed in. the State of Montana shall be prepared which complies with the
City's Design and Construction Standards and shall be reviewed and approved by the
Kalispell Public works Department.
This condition has been. met. A certification from a licensed engineer on the
stormwa.ter plan has been submitted with the fma.l plat application.
Condition No. 7. The proposed two accesses onto N-ortb. Riding Road be
consolidated into one access that aligns with the undeveloped subdivision road that
lies immediately to the west in Northvi.ew Subdivision.
This condition has been met. The two accesses onto North. Ridm' Road have
been consolidated into one access and the lots reconfigured,
Condition No. 8. That secondary access be coordinated through the Kalispell. Fire
Department and that a letter approving the access be submitted with the final plat.
The fire access and suppression systern shall comply with the Uniform Fire Code and
a. letter from the Kalispell FireDepart-meat approving the primary and secondary
access as well number, placement and fire flows for fire hydrants within the
subdivision shall be submitted with the final plat. The fire access and suppression
system shah. be installed and approved by the Fire Department prior to final plat
approval. Any necessary easements., agreements s or permits required for secondary
access shall be submitted with the final. plat.
This condition has been. met. A letter from the Fire Department has been
submitted- with the final plat approving the fire access and s-.ppression system;
Secondary access from the site was not needed with this subdivision was merged
with the subdivision to the east., 'Three Mile Subdivision, which provides
secondary access via a. City street.
Condition No. 9. That a minimum 20-foot buffer strip shall be established. between.
Three Mile Drive and the subdivision that would include a bike and pedestrian trail
and buffering in the form of berming or landscaping or both. 'These improvernents are
to be coordinated with the Kalispell public works Department, Parks and Recreation
Depar-tmerit and Montana Department of Transportation.
This condition has been adequately addressed.. The landscaping and bike trail
has been included in the sub division improvements ents agreement.
Condition No. 10. The road within the subdivision shall be named and signed in
accordance with the policies of the Kalispell public works Department and the
Uniform Traffic Control Devices Manual and be subject to review and approval of the
Kalispell Fire Department.
Final Plat for Three Mile subdivision
August 11, 00
Page 4
This condition has been adequately addressed. The street signs have been
included in the subdivi. sloe improvements agreement,
Condition No. 11, The developer shall provide a. letter from the U, S. Postal Service
approving to plan for maid. service.
This condition has been. met. A letter from. the USPS has been submitted with the
final plat designating and approving an appropriate mailbox location.
Condition No; 12, That the parkland dedication requirements shall be met by pang
cash in lieu of parkland ded.ica.tion. M the amount one -ninth. or I l percent of the area
in lots or 0.70 acres. The cash in lieu of parkland ded.icati.on shall be based on the
purchase price of $18,000 and the amount to be paid at the time of final plat approval
sh.aU be $12,600.
This condition has been. met, The cash in lieu of parkland dedication was paid at
the time the final plat application was submitted.
Condition No, 13, street lighting shall be located within the subdivision and shall be
shielded so that it does not intrude unnecessarily onto adj oin.in properties.
This conditi.on has been adequately addressed. The lighting has been inclu dedin
e subdivision improvements agreement.
ondition No. 14. That the lots within the subdivision be reconfigured so that all lots
meet the mi.nirnum 0-foot lot width requirements of the R-3 and RA- l zoning districts
and the minimum lot size requirements of 6,000 square feet exclusive sive of any
easements.
This condition has been met. The lots within the subdivision comply with the
zoning for the proper.
Condition No. 15* That a. minimum of two-thirds of the necessa-ry infrastructure for
each phase of the subdivision ivision sh.a.11 be completed prior to fmal plat submittal. With
the filing of the final plat for each phase, an additional three-year extension shad be
automaticaBy granted for subsequent phases.
This condition has been. met. Most of the infrastructure for the subdivision has
been completed and the remain.in g improvements have been included in a
subdivision improvements agreement.
Condition No. 16# A11 areas disturbed during development of the subdivision shall be
re -vegetated with a. weed -free rnix immediately after development
This condition has been adequately addressed. The arevegetation of disturbed
areas has been included in the subdivision improvements agreement.
Final Plat for Three Mile Subdivision
August 11. 200
Page 5
Condition No. 17. That preliminary approval shall be vaa.lid for a period of three years
from the date of approval.
This condition has been met. The fmal plat was submitted prior to expiration.
COMPLIANCE WITH CONDITIONS OF APPROVAL - THREE MILE SURD SION
Condition No. 1. Development of the subdivision shall he platted in substantial
compliance with the approved preli.nu*nary plat which governs the location of lots and
roadways within the subdivision except as modified by the conditions listed herein.
(Kalispell Sub. Re s. Appendix Final Plat I(A) Contents of Final. plat).
This condition has been met. The final plat eomphes with the prelinu'nary plat
that was approved.
Condition No. 2. Because the Raven Rook subdivision lying on the west side of this
subdivision has only been granted preliminary plat approval and this subdivision
depends on the access road through Raven Rock to North Ridm' g Road for westerly
access out of the Three Mile Subdivision, if Three Mile Subdivision is developed. 'before
Raven. Rook, the internal road for Three Male shall be extended all the way over to
access North Rid g Road. (Fire Marshall --- Site Review) .
This eondi.ti.ori has been met. The two subdivisions divisions were constructed
concurrently with an interconnected road system.
Condition No. 3. That the roadways serving the subdivision shall be constructed in
accordance with the adopted Design and Construction standards for the City of
Kalispell for local streets. Note that a. hammer -head turn around is allowed in the cul-
de-sac location as an interim measure until Lot 17 is developed. (Kalispell Sub. Regs .
Section 3.01 .09A) .
This subdivision has been. met. Most of the improvements have been completed
and certified by a licensed engineer and reviewed by the Kalispell public works
Department for compliance. The remaffim' g roadway improvements have been
included in a subdivision improvements agreement.
Condition No. 4. That a letter he obtained from the Kalispell Public Works
Department approving the plans and specifications for water, sourer and drainage
facilities for the subdivision. (Kalispell Sub. Regs. section. 3.12 - 3.15),
This condition has been met. A letter from the Kalispell Public Works Department
approving the plans and specifications for the subdivision has been submitted
wlth the final plat application.
Final Plat for Three .Mile Subdivision
August 11, 2004
Page
Condition No. S. .A letter from an engineer licensed in the State of Montana
certifying that the improvements have been installed according to the required.
specifications shall. be subrnitted at the ti.rne of final plat approval along wit letter
from the Kalispell public works Department stating that the required improvements
have been inspected and comply with the City standards. Kali.spel.l Sub legs. sections
+o 1 3.11 - 3.15).
■ This condition has been met. A certification from a. licensed engineer along with a
review letter- from the Kalispell Public works Department has been submitted
with the final plait application stating the improvements to date have been
installed in accordance with City plans and specifications. The remaining
improvements are covered under a subdivision improvements agreement.
Condition No. 6. Development of the landscape boulevard with location of street
trees shall be placed in accordance with a. plan approved by the Kalispell Purls and.
Recreation Director. (Site Review).
.
• This condition has been adequately addressed. A plan for landscaping the
boulevard has been reviewed and approved by the parks and Recreation Director
and the work included in the subdivision improvements agreement.
Condition No. 7. The applicant shall acquire an easement from the City of Kalispell
to extend a portion of the access read from sunset Court south. across Sunset Park so
that the applicant can develop a reasonable read alignment for his internal
subdivision road. (Tote, it is recommended that the applicant negotiate with the
owner of Lot 6, Block 7 of Sunset Addition to improve the road alignment off of Sunset
Court cul-de-sac and reduce the need to encroach into Sunset Park.)
(Recommendation of the parks Director and Site Review Committee).
■ This condition has been met. An agreement between the City of Kalispell parks
and Recreation Director and the developer has been executed and notarized and
the street will be dedicated to the City upon completion and acceptance.
Condition No. 8; A storm water drainage plain which has been designed by an
engineer licensed in the State of Montana sh" be prepared which complies with the
ity's Design and Construction Standards and shall be reviewed and approved by the
ahspell Public works Department. (KaJispell Sub, Regs. Section 3.1. A
■ This condition has been met. A letter from. the Kalispell Public works Department
has been submitted approving the plans for the su bdivi.slan along with
certifications from a. licensed engineer.
Condition No. 9. The fire access and suppression system shall comply with the
Uniform Fire Code and a. letter .from the Kalispell Fire Department approving the
access and placement of fire hydrants and fire flows within the subdivi.si.on shall be
submitted with the ffinal plait. The fire access and suppression system shall be
Final Plat for Three Mile Subdivision
August I 1, 2004
Page 7
installed and approved by the Fire Department prior to %nal plat approval. (Unifo=
Fire Code).
This condition has been met. A letter from the Kalispell Fire Department
approving the fire access and suppression system has been submitted with the
final plat application.
Condition No. 10. That a minimu irn -foot buffer strip shall be established between
Three Mile Drive and the subdivision that would include a bike and pedestrian trail
and buffering in the form of bernu' ng or landscaping or both to coordinate and connect
with the plan for Raven Flock. These improvements are to be coordinated with the
Kalispell public Works Department, parks and Recreation Department and Montana
Department of Transportation. (Kahspell Sub. I e s* Section 3,06J, 3,09E, 3.11).
This condition has been adequately addressed. A plan for landscaping and
berrrn*ng has been developed and approved and the work included in the
subdivision improvements agreement.
Condition No. 11.. A pedestrian easement and trail shall be provided from the end of
the proposed cul-de-sac extending southerly intersecting the proposed trail described.
in Condition # 1 o above. (Kalispell Sub. Begs. Section 3.09E, .1.1).
This condition ,has been adequately addressed. This subdivision no longer ends
in a cul-de-sac and has been connected with the subdivision to the west which
has a sidewalk system.
Condition o. 12. The road within the subdivision shall be named and signed in
accordance with the policies of the Kalispell. Pubhc Words Department and the
Uniform Traffic Control Devices Manual and be subject to review and approval of the
Kalispell. Fire Department. (Kalispell Sub legs. Sections 3.09 K(7) & l ).
This condition has been adequately addressed. The street signs have been
included in the subdivision improvements agreement.
Condition No. 13. The developer shall provide a letter from. the U.S. Postal Service
approving the plan for mail service. (Kalispell sub. Begs. Section 3.22).
This condition has been met. A letter from the USPS has been submitted with the
final plat designating and approving an appropriation mailbox location.
ondition No. 14. That the parkland dedication requirements shall be met by paying
cash. -ire. -lieu of parkland dedication in the amount one -ninth or 1 l percent of the area.
in Lots or approximately 7.23 acres. This calculates to $14,310 for cash -in -lieu of
parkland dedication based on a. purchase price of $1 a 00o/acre. (Kalispell Sub. legs.
Section 3.19 (A)).
Final Plat for Three Mile Subdivision
August 11, 2004
Page 8
■ This condition has been met. The cash in lieu of parkland dedication was
submitted at the time of final plat submittal and the money wi*H be used for
improvements to Sunset Park which lies directly to the east of this property.
Condition No. 15. Street lighting shall be located within the subdivision and shall be
shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell
Sub. Begs. Section 3.09 (L)).
This condition has been adequately addressed. The street lighting has been
included in the subdivision improvements agreement.
Condition No. 16. That a. minimum of two-thirds of the necessary infrastructure for
each phase of the subdivision shall be completed prior to final plat submittal. with
the filing of the final plat for each phase, an additional tree --year extension shall be
automatically granted for subsequent phases. (site review).
This condition has been net. Most of the improvements have been completed and
certified with the remaining improvements included in a subdivision
improvements agreement.
Condition No. 17. All areas disturbed d.urin.g development of the subdivision shall be
re -vegetated with a weed -free mix immediately alter development. (Kalispell Sub. begs.
Section 3.13).
This condition has been adequately addressed.. The reve eta.tion of disturbed
areas has been included in the subdivision improvements agreement.
Condition No. 18. That -preliminary approval shall be valid for a. period of three years
from the date of approval. (Kalispell Sub. Regs. Section 2.04 (E)(7)).
This condition has been met. The final plat for this subdivision has been
submitted prior to expiration.
MPLUNCE WITH APPROVED PRELIMINARY PLAT
The final plat is in substantial compliance with the preliminary plats which were
approved on.August 4, 2003 and November 2, 2003.
COMPLIANCE WITH THE SUBDWISION REGULATIONS*
This subdivision plat has been found to be in compliance with the State and. City
Subdivision Regulations.
Final Plat for Three Mile Subdivision
August 11, 2004
Page 9
COMPLIANCE WITH THE ZONING REGULATIONS
This subdivision can be found to be in compliance with. the Kalispell Zoning Ordinance
and the - , Urban single Family Residential, and. RA - t , Low Density Residential
Apartment, zoning designations for the property which governs the dimensional
requirements of the lets within the subdivision and well as the uses
RECOMMENDATION:
All of the conditions of preliminary plat approval have been met or otherwise
adequately addressed. staff would recommend that the Kalispell City Council approve
the final plat for the subdivision and accept the subdivision improvements agreement
as submitted. Please schedule this matter for the regular city coulaeil meeting of
August 16, 2004.
Sincerely,
Narda A. ikon
Senior Planner
NW/
Attachments: Vicinity map
1 opaque mylars of final plat
1 reproducible mylar of final plat
1 copy of final flat
Ltr from Birk Engineering and Construction dated 8/9/04
Final plat application dated 8/9/04
Ltr from Kalispell Pubic Works dated 3 / 5 / 04
Ltr from MDEQ dated 3 / 9 / 04
Ltr from MDEQ dated 3 J 10/04
Agreement with Kalispell Parks and Rec dated 8/9/04
Agreement with Parks and Rec date. $/9/04
Agreement with Parks and Rec dated 8/9/04
Agreement with Parks and Rec dated 8/9/04
Ltr from Kalispell Fire Dept deed 8 / 10 / 04
Leber from Kalispell Public Works dated S j 10/04
Lea- Pram USPS dated 8/4/04
Certification from Birk Engineering dated 8/ 10 %04
Subdivision improvements agreement
Ltr of credit from Glacier Bank dated 8/9/04
Treasurers Certification dated 8/6/04
Final Plat for Three Mile Subdivision
August 11, 2004
Page 10
Title report dated 6/4J04
Consent to plat from Glacier Bank 8/9/04
Cash in lieu of parkland check for $26,9 10
Reduced final plat
Tim Birk, 2239 Lower Valley Rod, Kalispell., MT 59901
Theresa White, Kalispell. City Clerk
dirt Engineeflus and ConMetiono Into
s t �9
Kalis I'
MT 59901
Phone 006) 756-2323
;nail bir ( glsys.UtA
August 9- 2004
City Council of Kalispell, Montana
Ave. East
Kalispell , MT 5990 1.
Subject: Three Mile Subdivision Improvements Agreement
Conditions of Plat Approval
The Honorable Mayor and Council members,
The developer of the 11ree Mile Subdivision Petitions the Council for final plat approval of the
subdivision. A Subdivision Improvements Agreement and. Completion fond are included t
guarantee completion of all improvements.
The fire.l plat encompasses the preliminary plat of Three Mile subdivision and .haven Rock
subdivision.. These preliminary plats were combined by the developer under coordination with
the ri-City Planning Office, The following addresses each of the conditions of approval and
how the condition has been met. This will itemize the conditions as listed for Three Mile
subdivision with the corresponding item number for Raven Rock noted..
Item #1(Item flRaven Rock) The final plat substantially conforms to the preliminary plat. The
foal plat eliminates the proposed cul-de-sacs by looping the roads throughout and reduces the
total number of approved lots to 58.
Item #2 The two plats are being developed simultaneously so this condition is met as it applies.
Item #30tem #2 Raven Rock) This condition is met. Road construction is in confonnance with
the City Standards and specifically Standard Drawing SD -2.
Items #4(ltem #3 Raven Rock) This condition is met. A caps oft e letter from the Public Works
Department is attached -
Item #50iem A. 4Raven Rock) This condition is met. A letter from project engineer is
attached and a letter from the Public Works Department will be obtained and provided to the
Council aver completion of all improvements and prier to petition for release of the Completion
Bond.
Item # t m #5 Raven. Rock) This condition is met, A letter from the Kalispell Perks an
Recreation Director approving the plan is attacbed. The estimated cost of completion is
includedthe Completion Bond.
Item #7 This condition is met. A letter from the Kalispell Parks and Recreation Director
approving the easement is attached. A letter from the Public Works Department will be obtained
and provided to the Council after completion of all improvements and prior, to petition for
release of the Completion Bore..
Items 490tem #6 Raven Rack) This condition is rnet. The storm water drainage flan was a dart
of the plans approved by the Kalispell Public works Department and the DES.
Item #7 (Raves Rock) This condition is met. There is a single access from, the subdivision onto
North Riding Road.
Item 9-(Item 4 8 Raven Rock) This condition is met. Fire aucess and suppression systems axe i
place* Secondary access to the proposed Raven Rock is met by the Three Mile access to Sunset
t.. An proDepartment ett r from the Fire i .attached.
Item # 1 tt m aN- n Rock) This condition is met. A letter from the Kalispell Parks an
Recreation Director approving the plan is attached.. A letter from the Public Works Department
will be o tarn d and provided to the Council after completion of all improvements and prior to
petition for release of the Completion Bond. The City has indicated that the Montana
Department of Transportation does not have jurisdiction on this dit . n. The estimated cost o
completion is included in the Completion Boni..
Items #I I This condition is met and. approval. is noted in the letter from the Kalispell Park. and.
Recreation Director. Thecul-de-sac has been eliminated from the plat.
Item ff I tem # I ORaven Rock) This condition 1 S met. Road signage i s included in the
subdivision improvements agreement and upon the Fire Department's approval a letter wilt be
provided to the Council.
Item 9, 13(ftem # I I Raven Rik) This condition is net. A letter from the USPS is aitached.
Item #14(Iiem #12 Raven Rock) This condition is met. The cash in lieu of perk land fee has
been paid.
Item 15(Itern # 3 Raven Rock) This condition is met. The street lights have been purchased
and FED is under contract to install them.
Item # (It rn. 915 Raven .dock) This condition is met. Total cost of improvements is estimated
to be S5551)000.00. $399,500.00 worth of these improvements have been completed to date for
% of completion..
Item 'i(ltem # 16 Raven Rock) ' "'his condition is net. A reseeding lan has been approved by
the Kalispell Pare and Recreation Director. The estimated cost of this is included in the
Completion Bond.
Item 4 It m # 17 RavenRock) This condition is met. Dates of Preliminary Plat approval for
Three Mike and Raven Rock were No mber 3, 2003 and August t , 2003, respectively.
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I v 11 Publl:'c Works Du--'-%partm,-knt
f0f Ka@-111rSP1(;1
< n RY r OfficePost a Ka M� � -� -' . Fax ` 8-78 1
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March 5, 2004
Bret A, Birk, P.E.
02 Hwy 2 East, Ste. #
Kalispell,, MT 5990
E: Three Mile Subdivision
Dear Mr. Birk,
We have reviewed the pans for the referenced project submitted to our office. The
plus are approved with the following comment to be addressed prior to construction:
i. Handicapped ramps shall be placed on opposite sides of the streets from the ramps
shown.
If you have any questions, please do not hesitate to contact this office.
Sincerely,
Frank Castles, P. E.
Assistant City Engineer
S:• Y. ,..�r:r.`.A'1f_Y?Jett y,. e •w.vY� 'TJ/./. r
of r'S,'a11:'nPez11 PlUbl'c Wur%rkn 'j�Npartmle
, Fay F 9Post Office Box 1997, Kalispell, Montana 5 990' ; 1997 - Telephone (406)7 58-772031
.'.;%:; :.� • �.�•�•�'rc.;`� •: `tip:. � -
March # 2004
Dick Montgomery, RE,
Environmental Health Services
Flathead City -County Health Department
1035 First Avenue West
Kalispell, lit. 5 901
e: Three Mile Subdivision
Kalispell, Montana
Dear Dick,
,
This letter is to confirm that the City of Kalispell has reviewed and approved the
construction Mans and specifications prepared by Bret A. Birk, P.E., for the referenced
project. The Kalispell wader and sanitary sewer systems have adequate capacity to
serve the project.
If you have any questions, please do not hesitate to contact this office.
Sice l
77 yj
Frank Castles,. P. E.
Assistant City Engineer
cc: Bret A. Birk, R ,
Montana Department of
ENVMONMENTAL QUAUW .TllEy Martz, GOYei'nQ1'
P.O. Box 200901 - Helena, N4T 59620.0901 * (406) 444-2544 a w .deq.state. t.us
March 9. 2004
Bret Birk
.irk Engineering and Construction
2302 Hwy 2 East Suite
.f all spell i�:T 59901
Dcar:fir Birk:
Three Mile Subdivision
Municipal FaczCities Exclusion
Eo-s l
City of Kalispell
Flathead County
This is to certify that the information and fees received by the Department of Environmental Quality relating to
thi. s subdivision are in compliance with 76-4-1 7, MCA. Under 7 -4-1 (d) MCA, this subdivision is not
subject to review, and the plat can be filed with the county clerk and recorder.
Plans and sp cci fic ati ous must be submitted when extensions of municipal facilities itie for the supply of water or
disposal of sewage are proposed 76-4-111 (3), MCAJ. Construction of water or sewer extensions prior to
DE Q..public Water Supply Section-'s approva-1 is prohl.bi.ted.a and is subject to penaIty as prescribed In T.itic 7 5,
Chapter 6 and Title 7 ., Chapter 4,
This file has been nailed to : ubli-C Water Supply, Kalispell Office.
iDc rcXy,
r m y...
Janet Skaarland
Compliance Technician
Subdivision Section
Water protection Bureau
006) 444-1801 -- email j s aarland fstate. mt. us
cc: city Engineer
County Sanitarian
file
Centralized Services Division Enforcement Division d Permitting & Compliance Division P Planning, Prev:eLion & Assistance Division A Remediation Division
Alontana Department of
JEANVMONMEMAL QUAUTY Judy Martz, Governor
109 Cooperative Way * Suite 105 * Kalispell, MT 59 01-2389 6 (41) ) 755w 9 5 -& FAX (40 755- 77
Bret A. Birk., P.E, March Io, 2004
Birk Engineering
2302 Highway 2 fast
Kalispell, MT 59901
RE: Three Mile Subdivision Water & Sewer Extensions, EQ#04-2281
Dear Mr. Birk:
Plans and specifications for the above -referenced project have been reviewed by personnel with
the Permitting & Compliance Division utilizing the certified checklist procedure. The plans and
specifications are hereby approved. One set of plans and specifications bearing the approval
stamp of the Department of Environmental Quality is enclosed.
,approval is based on plans and specifications received March 8, 2004 under the seal of Bret A.
Birk, P.E. # 10 o PE.
Approval is also given with the understanding that any deviation from the approved plans and
specifications 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 and specifications
approved by the Department. This certification shall be accompanied by a set of "as -built' record
drawings signed by the project engineer.
It is further understood that construction will be completed within three years of this date. If
more than three years elapse before completing construction, plans and specifications must be
resubmitted and approved before construction begins. This three-year expiration period does not
extend any compliance schedule requirements pursuant to a Department enforcement action
against a public water or sewage system.
Please be aware that this project may need a storm ivater general permit. Please contact the
Water Protection Bureau at 40-444-3080 for more information.
iSincerel ,
alter a er, Environz enta Engineer Specialist
blic ter Supply Section
Public Water Supply and Subdivisions Bureau
cc: Tim I3irk
City of Kalispell, Department of Public works
Flathead. County Sanitarian
File
C-entra0zed Services, Division $ Enforcement Division 4 Permiffsng Compliance Division % Planning, Preventac}n & Assistance Divisima - Remediation Division
Tim Birk, Developer, Three Mile Drive Subdivision
2239 Lower Valley Road
Kalispell, MT 59901
August 2, 2004
Mr. Mike Baker, Director
aleilt
City Hall
Kalispell, MT 59901
Dear Mr. Baker:
This is a letter of understanding been ryeit as developer of Three Mile Subdivision and Mr; Barg
Director for of the Kalispell Parks and Recreation Department,
In consideration of work to be done for the Kalispell Parks Dept., Sunset Court wi i i be extended over city
park propel as shown in the attached plat.
The 7ra system tinet Court to Sunset Vista, will be deeded to the City upon final plat.
Tim Birk, Owner, Thr 'Jfi rive Subdivision
State of
County of
Date
Signed or attested before me can �q"266j by (name of person)
RM. F
"tv
rie�c r the S ate of Montana
A Residing at. .. ..... .. My. commission expires: 3 i
66 6
Mik6 E, erector of Kalispell Parks and Recreation Dept.
Tim Birk, Three Mile Drive Subdivision
2239 Lower Valley Road
Kalispell, MT 59901
August 2, 2004
Mr. Mike Baker, Director
Kalispell Parks and Recreation
City Hall
Kalispell, NIT 59901
RE: Reseeding of Disturbed Soils.
Dear Mr. Baker-.
This is a letter of understanding between Tim Birk, Developer of Three Mile Subdivision and Mr. Mike
Baker, Director of the Kalispell Parks and Recreation Department.
Reseeding of all disturbed areas not scheduled to be bufft on this fall will be completed by September
3072POgt.
TkifEl6ri, Gw_ n r# Yhi`e-�e Mile Subdivision
State of
County of t. . .....
Date,_
Signed ora.ftested before me on 9)q)Z by (name of person)
(Seat) f`
LL c as, S . - N -16ry Publiclor the State of Montana
o
Residing at
My commission ekPires: 13 N_?(
Mlffik&, Director Of Kalispell Parks and Recreation Dept.
a
S t a t e o f `VV� LL V.Yd_ i 6
County of 4
Date e�lq (Lf 7-o'c 4
ore me on '6 by (name operso
n) on)
Signed or aftested bef
(Sea))
No6iy Public for the State of Mo-n-&—na
Residing at --,D (
I
My commission expires:
Tim Birk, Developer, 'Three Mile Drive Subdivision
2239 Lower Valley Road
Kalispell, MT 59901
August 2, 24
Mr. Mike Baker, Director
Kalispell Parks and Recreation
City Hall
MT 50
Rid; Boulevard Tree Plan
Dear Mr. Baker:
Tim Birk, Developer of Three Mile Subdivision will bond to $15,000.00 for boulevard trees in this subdivision.
The developer intends to place these trees as soon as purchasers of these lots establish a location on the
boulevard that will work for each new property owner.
The trees selected for placement are the type listed in the Kalispell Depar ment of Parks and Recreation
Directory of approved trees listed in the city tree ordinance.
Tim11 1 1 QILJItA- utimea9N; %vpP TV[ 1%01r 1 1 ILIr �No%,& 44 iI�I mo flriva ��F W 1%,71 �
State of
County of
fd
Signed or attested before me on L.,L.�. by (ame of person) _
L
1biary Public f r the >5tate of Montana
Residing at
My commission e4ires
: N
Mr, Mike Baker
Page 2
August 2, 2004
A
Mike Baker, Director of Kalispell Parks an"R eatio Dept.
State of
County of - C,
Date
I A
Signed or aftested before me on by (name of person)
(Seal)
- -- --- -------------
ry Puir the to of Montana
Residing at .. ...... . . . ...
My commission ex0fires:
Tim Birk, Developer, Three Mile Drive Subdivision
2239 Lower Valley Road
ii r MT 1
August 2, 2004
Mr. Mike Baker, Director
Kalispell Parks and Recreation
City Hall
Kalispell, MT 59901
R; Bike Path
Dear Mr. Baker-.
This is a letter of understanding between myself, as developer of Three Mile Subdivision and Mr. Baker,
Director of the Kalispell Parks and Recreation Department.
Three Mile Development is constructinga bike path along Three Mile Drive. This bike path will extend from
the east property boundary to North Riding Road on the west boundary of this development.
This bike path vifli be an 8 feet wide asphalt path. The pathway wiI I be landscaped with the same type of
trees required in the boulevard areas. The grass areas will be hydro -seeded. The west end of this bike path
ill r q u i r a switch back to the grade of the existing roadway. This switch back will not exceed a grade of
1 %.
I I Ear Mirl I I II[ CILALMAI # %dF1 469 fIAJ ILi{ tf 1 %.A'L i'RMl� V$1 E i tie%AI; TU I-1W%A%ai Ygl#g W%" brae �, r r 7T'# 68 F 16A%,J111%0I %911 N l.rO %^ 1 '41 %%..# f 9 23.r%wr4L
their projected curb elevation.
n t nd of the bike path, right angle turn on the path will indicate the termination of this path
T'iw Birk, Owner, Thre a Dr'I've Subidivision
State of I V VC, KALALL
County of
Date
Signed or ai ested before me on �' � �- � by (name of persons
a
r 'e
Notary Public for ftQ WSI�aatef Montana
Residing t. . .. . ...... Lill
My commission expires:
Mr. Mike Baker
Page
August 2, 2004
Mike Bake; Director of Kalispell Parks & Recreation Dept.
State of VL
County of
Date
Signed or ait��ted be€ire me on �� by (name of person)
(Seal)
s
of Pii for e S to of Monts a
Residing
M commission ir.m
KAILISPELL FIRE DEPARTMENT
Randy B rodehl - Fire Chief
,dim Stewart , Assistant Chieffrevention
Dee McCluskey — Assistant Chief Operations
August 10, 2004
Tire Burk
2239 Lower Valley Fond
Kalispell, MT 501
Re: Final plat approval — Three Idle subdivision
Dear Mr. Birk,
312 First Avenue East
afispe t, Montana 5990
In response to your request for final plat approval of the above -reference Project, we have
the following information.
Fire hydrant locations and fire department access are approved by this department.
Street name signs must be installed prior to proceeding with combustible
construction.
Please contact rye if you have any questions.
Sincerely,
F. Ray Ruffatto
Fire Inspector, Prevention Division
Kalispell Fire Department
e : Narda Wilson, Tri-City Planning Office
pity of Kali*spell Public works Department
Post office Box 1997, Kalispell, M�ntar�a 59903-199'7 - Telephone (406)758-7720, Fax (40C)'758-7$31
August 10, 2004
Timothy R. Birk
29 Lower Valley Road
fa lispel,, Montana 59901
e: Three Mile Subdivision
D a r Mr. Birk:
The City of Kalispell Public Works Department hereby approves the existing{ m*ted improvements
except the listed in the Subdivision Improvement Agreement, Exhibit B, for the referenced subdivision..
Approval by the City of Kalispell for the City owned and maintained improvements is granted based on
the following:
1. Birk Engi neeri ng and Construction, Inc. "s letter,, cuing that the improvements Whin the
referenced suhdmsion have been inspected and installed in accordance with the Cirty of Kalispell
standards and the approved plans and specifications.
2. Our video remrds of the sanitary sewer system.
. receipt of a Su diV'Gin Improvement greement which contains the total estimated construction
costs plus 25 percent covering the estimated costs for the rernai n i ng street g radi-ng/pavi ngr
sidewaft., stied signs, landscaping{ and bike path. The Subdivision Improvement Agreement is
certified by Bret A. Birk,, P.E.,- W being an accurate amounting of anticipated costs fbr the
ren-aining improvements.
The one year warrant` period for the City owned and maintained e-Asting# compered improvements will
commence on August g., 2004. The one year warranty period for the remaining construction will
commence upon acceptance by the City of the completed construed improvenwts in a=rdance with
approved plans and specifications*
If you have any guesbons, ply do not hesitate tD contact this office.
Sinc
Frank Cast, P.E.
Assistant City Engineer
Cc: Narda Wilson, Senior Planner
Tri ity Nanning ice
Aa POSTAL SERVICE
350 N MERIDIAN RD
KALISPELL, MT 59901-9998
August 4, 2004
Ir. Tim Burke
2239 Lower galley Road
Kalispell, MT 59901
E: Three Mile Subdivision
Dear 11r. Burke:
I approve delivery for the Cluster Box Units (CBU's) in a turn -out format as indicated
on the attached plat map. The developer will provide the cement pad. The Post
Office will supply the la's. If you have any questions, you may contact rye at
7-0.
Sincerely,
Pennie Ulvila
Carrier Supervisor
P k as
Attachment
R, PJo�CEIVED
11* Favines 9 and CersMHnot Into
AUG 10 2004
TR1-,,0tY PLANNING OFFICE2302 xwrz Fast
Suite q9
Kali IL 59901
Phone (4 ) 756-23 3
Fax (4 ) 756-2324
Emil birkemdigisysjid
.august 10, 2004
Fri Castles,, RE
City of Kalispell
Public Works Department
PO Box 1997
Kalispell, W 59903
Subject: Three Mile Subdivision Improvements
Dear Mr. Castles
All re u i r�p'o m nt i
` ncluding water, sewer, and storm water management I M PTOVem nts
as well as road curb, and chy utilities for the eve reference sub islon have been completed
in substantial conformance with the approved plans Pressure and leak testing were completed
on the water and sewer in June and. July as well as chlorination of the water system. A using
baeter'olo icaJ test report has been pmvided.
The work on the suMvi jon is more than 2/3 complete and a completion bond has been
provided to the City to Santee com lemon of work remaining per the City Council
conditions of preliminary plat approval.
Please contact me if you -h. e any questions or reqwre any additional i format on.
Sicerey
ret A. , P.E.
'ri-city Planning ffi
Owner
!,GLACIER
BANK -
IRREVOCABLE STANDBY LETTER of CREDIT
City of Kalispell Letter of Credit No. 1-0 -229
PO Box 1997 Date; August 9, 2004
Kalispell, MT 59901 Expiration Date: August 9. 2005
Amount: $194,142.50
We hereby establish in your favor an irrevocable letter of credit up to the
aggregate amount of One Hundred Ninety Four Thousand one Hundred Forty
Two and 501100 U.S. Dollars ($194,142.50) at the request of Tiny Birk for his
project on Three file Drive.
If Tires Birk fails to complete the specified improvements in the subdivision off
Three Mile Drive within the time period set forth in the attached Improvements
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 gust be presented prior- to the expiration date stated above, and this
letter of credit must accompany the final draft for payment.
This latter may not be withdrawn or reduced in any amount prior to its expiration
date except by your draft or written release.
Unless otherwise stated, this Letter of credit is subject to the Uniform Customs
and Practices for Commercial Documentary mentary credit (1983 Revision) International
Chamber of Commerce.
GLACIER BAND
Dave McNutt
Mice President
Dl/ss
Le ebSfle5-&ww- 1a ie b n . om email: glocier@glacietbank.com
MEMBER FDIC AN EQUAL. OPPORTUNITY LENDER
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VICINITY MAP
TIM BIRK
FINAL PLAT OF THREE MILE SUBDIVISION
A 58 LOT RESIDENTIAL SUBDIVISION
ON 17 ACRES
FILE# KFP-014-12 ff PLOT DATE: 811204