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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. �•Y •.✓ F. �/'f.�.ii1` �v.� h ��rctiti ..�y'�..uyM1.w�:. ..4 ..•!�:i,'��•l�i.-ram.: "zmti '� V:- ��:•;C.Y •: I v 11 Publl:'c Works Du--'-%partm,-knt f0f Ka@-111rSP1(;1 < n RY r OfficePost a Ka M� � -� -' . Fax ` 8-78 1 ,i ' ^i. ;wv:%;,•. ""tip..`.%:�-� 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 ($194,142.50) at the request of Tiny Birk for his project on Three file Drive. If Tires Birk fails to complete the specified improvements in the subdivision off Three Mile Drive within the time period set forth in the attached Improvements Agreement, we will pay on demand your draft or drafts for such funds, to the limit of credit set forth herein, as are required to complete said improvements. All drafts must indicate the number and date of this letter of credit and be accompanied by a signed statement of an authorized official that the amount is drawn to install improvements not installed in conformance with the Improvements Agreement and specifying the default or defect in question. All drafts gust be presented prior- to the expiration date stated above, and this letter of credit must accompany the final draft for payment. This latter may not be withdrawn or reduced in any amount prior to its expiration date except by your draft or written release. Unless otherwise stated, this Letter of credit is subject to the Uniform Customs and Practices for Commercial Documentary mentary credit (1983 Revision) International Chamber of Commerce. GLACIER BAND Dave McNutt Mice President Dl/ss Le ebSfle5-&ww- 1a ie b n . om email: glocier@glacietbank.com MEMBER FDIC AN EQUAL. OPPORTUNITY LENDER r _ ... Y,40 ...... 4 10 A39 17 Y { w _ or -"riro .�, :.21 �:....... - w 1 :.::.::. r t I :y. -N.v ,✓•' - ••mot-,. � § � r.,tir: � f.... � 15 r - ° s w 1018 m 17 t 1 firwits C14( tl................. g tf 2a _ " -$ ;= - -. x _ w " :-• '. f=_ my _ - - -- - r- •ti ' S' Coun -19 -' ....�..:; 1. l 15 S� 7 j { 3 2 §g 5•. 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J+ i ....._ ".y.."... .- "_.. _ - '__..mow -..,"-".... _.-,.`...."_ .......- - 5 A" *� w. 5AE • ... v ...a.- r COUNT' Y ZO 1NG fr " �? __mw" ." 51 # �. 2 4B _ 4A 4 .. 1A i- ti 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