Staff Report/Final PlatCity of Kalispell
Planning Department
17 - 2°d Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
James H. Patrick, City Manager
SUBJECT: Final Plat Approval of the Resubdivision of Lot 1 of North East
Addition
MEETING DATE; September 5, 2006
BACKGROUND: This is a residential subdivision that creates three lots. The
Shining Mountain Church received a conditional use permit (KCU-01-6) to allow
expansion of the church in 2001. The church currently occupies the entire site and
would be located on proposed lot 1. The proposed lots are located in a predominantly
residential neighborhood with existing street, water and sewer services available for
future development of proposed lots 2 and 3.
The property is located at 475 Eight Avenue E.N. which is located on the east side of
Eight Ave E.N. and north of Oregon Street in Kalispell. The property contains nearly
one full city block and is 142 feet wide and 300 feet long or 42,600 square feet (0.98
of an acre). The property can be described as Lot 1, Block 1, Northeast Addition
located in Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana.
The R-3 zoning for the property allows single family dwellings and permits churches
provided a conditional use permit is first secured. The Shining Mountain Church
received a conditional use permit to expand in 2001. As a condition of approval the
church was required to meet all applicable building and fire codes including meeting the
required parking for the expanded church. Since the conditional use permit was issued
the church has expanded however the parking requirements were never met.
Therefore, as a condition of approval for the preliminary plat the church was required
to obtain a letter from the Zoning Administrator approving a parking layout and
schedule for paving the parking lot.
The minimum lot size requirement in the R-3 zone is 7,000 square feet and the
minimum lot width is 60 feet. The lots in the subdivision comply with the zoning for
the property.
Final Plat for the Resubdivision of Lot 1 North East Addition
August 22, 2006
Page 2
Our office waived the preliminary plat on May 17, 2005 subject to seven conditions
because it has been found that the subdivision can meet the criteria for preliminary
plat approval waiver criteria as outlined in Section 2.06 of the Kalispell Subdivision
Regulations.
Findings of fact for approval of the plat are found in attached staff report KWP-06-2
which reviews the conditions of approval and how they have been met.
RECO NDATION: A motion to adopt the findings of fact in the staff report
KWP-06-2 and approval of the resolution for the final plat would be in order.
FISCAL EFFECTS:
F411 '1:�Z11 FFA4ILY
Respectfully s bmitted,
Sean Conrad
Senior Planner
Potentially minor positive effects.
As suggested by the city council.
Report compiled: August 2, 2006
c: Theresa White, Kalispell City Clerk
t
ees ck
y Manager
attachments: Transmittal letter and application
Staff report KWP-06-2
Plats
19
RESOLUTION NO.5146
A RESOLUTION APPROVING THE FINAL PLAT OF THE RESUBDIVISION OF LOT 1 OF
NORTH EAST ADDITION, LOCATED IN SECTION 8, TOWNSHIP 28 NORTH, RANGE 21 WEST,
P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Shining Mountain Church, the owner of certain real property described above, has petitioned
for approval of the final Subdivision Plat of said property, and
WHEREAS, preliminary plat approval for this minor subdivision was waived on May 17, 2005, by the
Kalispell Planning Department according to Section 2.06 of the Kalispell Subdivision
Regulations subject to seven (7) conditions, all of which have been met, and
WHEREAS, the proposed subdivision plat of said property is subject to the provisions of Section 2.06
(Preliminary Plat Process -Minor Subdivision -Preliminary Plat Waiver), Subdivision
Regulations of the City of Kalispell, and
WHEREAS, the Kalispell Planning Department has reviewed the proposed subdivision and made a report
(KWP-06-2) to the City Council of the City of Kalispell, said report considering the criteria
set forth in Section 76-3-608 MCA, and recommends final plat approval of said subdivision.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONTANA AS FOLLOWS:
SECTION I. That the Findings of Fact contained in Kalispell Planning Department Report #KWP-
06-2 are hereby adopted as the Findings of Fact of the City Council.
SECTION II. That the application of Shining Mountain Church for final plat approval of Lot 1,
Block 1, Northeast Addition in Section 8, Flathead County, Montana, is hereby
approved.
SECTION III. The classification of said premises under the Kalispell Zoning Ordinance shall not be
changed by the action.
SECTION IV. That upon proper review and filing of the final plat of said subdivision in the office
of the Flathead County Clerk and Recorder, said premises shall be a subdivision of
the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY
THE MAYOR THIS 5TH DAY OF SEPTEMBER, 2006.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
City of Kalispell
Planning Department
17 - 2°a Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
August 22, 2006
James H. Patrick, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
RE: Final Plat Approval for the Resubdivision of Lot 1 North East Addition
Dear Mr. Patrick:
Our office has received an application for final plat approval from Montana Mapping
Associates on behalf of Shining Mountain Church for a residential subdivision that
contains three residential lots.
The property is located at 475 Eight Avenue E.N. which is located on the east side of
Eight Ave E.N. and north of Oregon Street in Kalispell. The property contains nearly
one full city block and is 142 feet wide and 300 feet long or 42,600 square feet (0.98
of an acre). The property can be described as Lot 1, Block 1, Northeast Addition
located in Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana.
The R-3 zoning for the property allows single family dwellings and permits churches
provided a conditional use permit is first secured. The Shining Mountain Church
received a conditional use permit to expand in 2001. As a condition of approval the
church was required to meet all applicable building and fire codes including meeting the
required parking for the expanded church. Since the conditional use permit was issued
the church has expanded however the parking requirements were never met.
Therefore, as a condition of approval for the preliminary plat the church was required
to obtain a letter from the Zoning Administrator approving a parking layout and
schedule for paving the parking lot.
The minimum lot size requirement in the R-3 zone is 7,000 square feet and the
minimum lot width is 60 feet. The lots in the subdivision comply with the zoning for
the property.
Final Plat for the Resubdivision of Lot 1 North East Addition
August 22, 2006
Page 2
Our office waived the preliminary plat on May 17, 2005 subject to seven conditions
because it has been found that the subdivision can meet the criteria for preliminary
plat approval waiver criteria as outlined in Section 2.06 of the Kalispell Subdivision
Regulations. Specifically, it can be found that the following conditions exist:
1. The plat contains five or fewer lots.
2. There is no public dedication of streets or public or private parkland.
3. All lots have legal and physical access conforming to the subdivision regulations.
4. Each lot has a suitable building site and there are no environmental hazards
present.
5. Public sewer and water are adequate and in place.
6. The subdivision complies with the subdivision regulations and current zoning
regulations.
7. No significant effects are anticipated on agriculture and agricultural water user
facilities, local services, the natural environment, wildlife and wildlife habitat and
the public health and safety.
The Kalispell City Council will need to adopt findings of fact for approval found in
attached staff report KWP-06-2 concurrent with the final plat approval. The following
is a list of the conditions of approval and a discussion of how they have been met.
• I • • • • -•
Condition No. 1. That the final plat is in substantial compliance with the
preliminary plat that was waived.
• This condition has been met. The lots in the subdivision comply substantially
with the preliminary plat that was waived.
Condition No. 2. That a note be placed on the face of the final plat that waives
protest to the creation of a special improvement district for the future upgrade of
streets in the area to City standards.
• This condition has been met. The required note has been placed on the face of
the plat and will be recorded with the plat.
Condition No. 3. A municipal facilities exemption be obtained from the Montana
Department of Environmental Quality and a letter from the Kalispell Public Works
Department stating that municipal water and sewer are available and will be provided
to both lots.
• This condition has been met. See attached MDEQ letter certifying the
subdivision will be connected to municipal facilities.
K
Final Plat for the Resubdivision of Lot 1 North East Addition
August 22, 2006
Page 3
Condition No. 4. A letter shall be obtained from the Kalispell Public Works
Department stating that water and sewer services are available to both lots.
® This condition has been met per note on the face of the final plat.
Condition No. 5. The final plat shall indicate the location of existing building and
demonstrate compliance with the development standards of the R-3 zoning district.
0 This condition has been met. The location of the existing building is shown.
Condition No. 6. A letter shall be obtained from the Kalispell Zoning Administrator
stating that an approved parking layout plan and schedule for paving has been
reviewed and approved. A copy of the plan shall be included with the final plat
application.
® This condition has been met. The Zoning Administrator approved the parking
layout plan and schedule for paving. A copy of the approved parking layout
plan and schedule for paving have been placed in the conditional use permit
file for the church.
Condition No. 7. This waiver of preliminary plat approval is valid for three years
and shall expire on May 17, 2008.
® This condition has been met. The final plat was submitted prior to expiration
of the waiver.
I-C816 1. V ...• • . A 16 1
The final plat is in substantial compliance with the preliminary plat which was
reviewed and approved.
COMPLIANCE WITH THE SUBDIVISION REGULATIONS:
This subdivision plat has been found to be in compliance with the State and City
Subdivision Regulations.
This subdivision has been found to be in compliance with the Kalispell Zoning
Ordinance and the R-3, Urban Single Family Residential zoning designation assigned
to the property.
3
Final Plat for the Resuhdivision of Lot 1 North East Addition
August 22, 2006
Page 4
All of the conditions of preliminary plat approval have been adequately addressed.
The staff recommends that the Kalispell City Council adopt the attached staff report
KWP-06-2 as findings of fact and approve the final plat for the subdivision. Please
schedule this matter for the next regular city council meeting of September 5, 2006.
You may call me at (406) 751-1852 if you have any questions regarding this
subdivision.
Sincerely, ?
Sean Conrad
Senior Planner
Sc
Attachments: Vicinity map
1 opaque Mylar
1 reproducible Mylar
11 x 17 reduction
Staff Report KWP-06-1
Letter from Marquardt 8s Marquardt Surveying
Final plat application
Letter from Planning Department for pre plat waiver dated
11/22/05
DEQ approval #E.Q. #06-2215 dated l/18/06
Treasurers Certification dated 1 / 25 / 06
Title Report # 145575-FT from Citizens Title dated 12/22/05
C w/ attachments: Theresa White, Kalispell City Clerk
C w/o attachments: Montana Mapping Associates, 1405 Highway 2 West,
Kalispell, MT 59901
Shining Mountain Church, 475 8th Ave EN, Kalispell, MT
59901
4
RESUBDIVISION OF • OF •RTH EAST ADDITION
KALISPELL PLANNING DEPARTMENT
STAFF . • , 0,
REVIEW AND FINDINGS OF
AUGUST 2, •t.
This is a report to the Kalispell City Council for findings of fact for a three lot
residential subdivision. Preliminary plat approval for this minor subdivision was
waived on May 17, 2005 based on 7 conditions.
BACKGROUND: This is a residential subdivision that creates three lots. The Shining
Mountain Church received a conditional use permit (KCU-01-6) to allow expansion of
the church in 2001. The church currently occupies the entire site and would be
located on proposed lot 1. The proposed lots are located in a predominantly
residential neighborhood with existing street and water and sewer services available
for future development of proposed lots 2 and 3.
A. Applicant: Shining Mountain Church
475 8th Ave. EN
Kalispell, MT 59901
(406) 257-6539
TechnicalAssistance: Montana Mapping Associates
1405 Highway 2 West
Kalispell, MT 59901
(406) 752-3539
B. Location: The property is located at 475 Eighth Avenue EN which is located
on the east side of Eighth Ave EN and north of Oregon Street in Kalispell. The
property contains nearly one full city block and is 142 feet wide and 300 feet
long or 42,600 square feet (0.98 of an acre). The property can be described as
Lot 1, Block 1, Northeast Addition located in Section 8, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana.
C. Size:
Total area: 0.98 of an acre
Lot 1:
0.66 acres (28,654 square feet)
Lot 2:
0.16 acres (7,003 square feet)
Lot 3:
0.16 acres (7,003 square feet)
D. Existing and Adjacent Land Uses: The property is currently developed with a
church. The surrounding area can be described as residential in character with
commercial to the south that borders Idaho Street. There are also apartments and
multi -family dwellings in the area.
1
E.Zoning: The property is zoned R-3, Urban Single Family Residential. This
zoning district has a minimum lot width requirement of 60 feet and a minimum
lot size requirement of 7,000 square feet. The proposed lots are in compliance
with the zoning.
F. Relation to Growth Policy: The property is designated as Urban Residential
in the Kalispell Growth Policy 2020. The existing R-3 zoning is consistent with
the Urban Residential land use designation.
G. Utilities:
Water and Sewer
Electricity:
Telephone:
Gas:
School:
Police:
Fire Protection:
-AFWV 113i •
City of Kalispell
Flathead Electric Coop
CenturyTel
Northwest Energy
School District #5, Kalispell
City of Kalispell
City of Kalispell
This application is reviewed as a minor subdivision in accordance with statutory
criteria and the Kalispell Subdivision Regulations.
A. Effects on Health and Safety:
Fire: The area is anticipated to be at low risk from wildfire due to the urban
location, lack of woody fuel and good access to the site. The proposed
subdivision is not expected to significantly impact the service provided by the
district. A fire hydrant is located adjacent to the southwest corner of proposed
lot 2.
The site is nearly level and is not in or near a designated 100 year flood plain
nor is it subject to slope failure, subsidence or severe erosion.
B. Effects on Wildlife and Wildlife Habitat: The subdivision is not mapped in
big game habitat winter range and does not provide habitat to significant
wildlife other than some birds and small animals with occasional deer in the
area.
C. Effects on the Natural Environment: The subdivision will be served by City
of Kalispell water and sewer minimizing impacts to groundwater. Any impacts
on the natural environment related to this subdivision will be insignificant.
PJ
Sewer and Water: The City of Kalispell will provide water and sewer service to
the church on the property. There are existing water and sewer mains directly
accessible to the proposed lots and no new water or sewer mains will be needed
to be extended to service this property.
Access and Roads: Access to the property is currently provided to the site from
two approaches from Eighth Ave EN. There are existing City streets that are
owned and maintained by the City of Kalispell on the west and south side of
the subdivision. The impacts to the roadways in the area will be minimal.
Sidewalks: Sidewalks are located on the west side of Eighth Ave EN opposite
the northern end of proposed lot 1. Therefore, sidewalks do not abut the
proposed subdivision and have not been required as a condition of approval.
Schools: This property is within the boundaries of School District #5, Kalispell.
This subdivision is residential in nature and will have limited impacts on the
enrollment of the school district and may result in one additional school aged
child being enrolled in the district.
Parks: Parkland dedication is not required for minor subdivisions pursuant to
Section 3.19.13 of the subdivision regulations.
Police Protection: The property is served by the Kalispell Police Department. It
is not anticipated that this subdivision will significantly impact the service
provided by the police department.
Fire Protection: The property is within the service district of the Kalispell Fire
Department. The subdivision will not create additional impacts to fire service.
Refuse Disposal: Solid waste pick-up is currently provided by the City. No
significant increased impacts can be anticipated as a result of the proposed
expansion.
Medical Services: Emergency medical service is provided by the Kalispell
Regional Medical Center; Ambulance and Life Flight services are also available.
E. Effects on Agriculture:
This subdivision is in the urban area of Kalispell and the area has been
developed to an urban density. This property has not been used for
agricultural purposes in the past and future residential development will have
no effect on agricultural activities in the Valley.
3
F. Compliance with the Kalispell Subdivision Regulations
This subdivision complies with the Kalispell Subdivision Regulations.
Preliminary plat was waived because it meets the waiver criteria provided for
under Section 2.06 of the regulations which include the following: (1) the plat
contains five or fewer lots, (2) there is no public dedication of streets or public
or private parkland, (3) all lots have legal and physical access conforming to
these regulations, (4) each lot has a suitable building site and there are no
environmental hazards present, (5) municipal water and sewer are adequate
and in place, (6) the subdivision complies with these regulations and zoning
regulations, (7) there are no significant effects anticipated on agriculture and
agricultural water user facilities, local services, the natural environment
wildlife and wildlife habitat and the public health and safety. This subdivision
is in substantial compliance with the Kalispell Subdivision Regulations.
G. Compliance with the Kalispell Zoning Ordinance: This subdivision complies
with the minimum lot size and lot width requirements of the R-3, Urban Single
Family Residential, zoning district.
Staff recommends that the Kalispell City Council adopt Staff Report KWP-06-2 as
findings -of -fact for the proposed subdivision and approve the final plat of the
Resubdivision of Lot 1 of North East Addition.
SC
H:\FRDO\Reports\KWP\2006\KWP06-2 Resub of Lot 1 North East Add.DOC
4
OfficeTri-City Planning
17 Second St East, Suite 211
Kalispell, MT ••0
KALISPELL ITEFISH COLUMBIA FALLS
Project /Subdivision Name: '0'5a-b 0 t -of 6( rh z
d
Name: t t L t �
Address: w
4,
Phone No.: 2- - S
Date of Preliminary Plat Approval:
fwner & Mailing Address:
L17 C , .
G,�ES/��
Type of Subdivision: Residential Industrial Commercial PUD
Total Number of Lots in Subdivision 73
Land in Project (acres) acvO
Parkland (acres) Cash -in -Lieu $ - Exempt
No. of Lots by Type:
Single Family Townhouse Mobile Home Park
Duplex Apartment Recreational Vehicle Park
Commercial Industrial Planned Unit Development
Other
Condominium Multi -Family j Other
Legal Description of the Property
FILING FEE ATTACHED $ 9 (70
Minor Subdivision with approved preliminary plat
Major Subdivision with approved preliminary plat
Subdivisions with Waiver of Preliminary Plat
Subdivision Improvements Agreement
1
$400 + $40/lot
$650 + $40/lot
$600 + $/lot
$ 50 1 W
Attached
Not Applicable (MUST CHECK ONE)
'
Health Department Certification (Original)
Title Report (Original, not more than 90 days old)
Tax Certification (Property taxes must be paid)
Consent(s) to Plat (Originals and notarized)
Subdivision Improvements Agreement (Attach collateral)
Parkland Cash -in -Lieu (Check attached
Maintenance Agreement —__ --
Plats: 1 opaquerR2 mylars
1 mylar cop signed blueline
4 bluelines bluelines, unsigned
11X17 Copy1X17 Copy
**The plat must be signed by all owners of record, the surveyor an examinirng-land-surveyor.
Attach a letter, which lists each condition of preliminary plat approval, and individually state how
each condition has specifically been met. In cases where documentation is required, such as an
engineer's certification, State Department of Health certification, etc., original letters shall be
submitted. Blanket statements stating, for example, "all improvements are in place" are not
acceptable.
A complete final plat application must be submitted no less than 60 days prior to expiration date of
the preliminary plat.
When all application materials are submitted to the Tri-City Planning Office, and the staff finds the
application is complete, the staff will submit a report to the governing body. The governing body
must act within 30 days of receipt of the revised preliminary plat application and staff report.
Incomplete submittals will not be accepted and will not be forwarded to the governing body for
approval. Changes to the approved preliminary plat may necessitate reconsideration by the
planning board.
I certify that all information submitted is true, accurate and complete. I understand that
incomplete information will not be accepted and that false information will delay the application
and may invalidate any approval. The signing of this application signifies approval for Tri-City
Planning staff to be present on the property for routine monitoring and inspection during the
approval and development process.
**NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision
final plat applications be acconMxtpied with a digital copy.
Owners Si ture )te�
>
**A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file
format, consisting of the following layers:
1. Exterior boundary of subdivision
2. Lot or park boundaries
3. Easements
4. Roads or rights -of -way
5. A tie to either an existing subdivision corner or a corner of the public land survey system
As approved by the TCPB, Effective 3/ 15/04
1405 Highway 2 West
Kalispell, MT 59901-
(406) 752-3539
October 12, 2005
Kalispell City Planning
17 2nd Street East
Kalispell, MT 59901
Kalispell City Planner,
In:
Please find enclosed the Final Plat application for the Resub of Lot 1 of North East Addition
located in S i NW 4 Section 8 Township 28N Range 21 W.
The conditions of the Waiver of Preliminary Plat approval were met in the following ways:
1. All electrical and underground utilities are installed and in place.
2. Municipal Facilities Exemption is attached from DEQ is attached.
3. A letter from the Kalispell Public Works Department is attached.
4. Notes appear on final plat.
5. A copy of the Plan is included with this application.
6. The Final Plat is in substantial compliance with the design of the Preliminary Plat.
7. Addresses appear on the face of the Final Plat.
Thanks for your consideration.
Professionally,
Rick Breckenridge
City of Kalispell Public Works Department
Post ice Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
June 15, 2005
To Whom it May Concern
RE: Resubdivision of Lot 1 of North East Addition
Between 8"' Ave. EN and 8t" Ave. EN Alley North of Oregon Street
Kalispell, Montana
The referenced subdivision has adequate access to the water and sewer system of the
City of Kalispell. In addition, the City of Kalispell water and sewer system has adequate
capacity to provide service to the referenced subdivision.
;ainerel ,
Frank Castles, Pa
Assistant City Engineer
m® m
ty Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricityplanning(&ce nturytel. net
www.tricityplanning-mt.com
May 17, 2005
Rick Breckenridge
Montana Mapping Associates, Inc.
1405 Hwy 2 West
Kalispell, MT 59901
Re: Waiver of Preliminary Plat Approval - Shining Mountain Church
Dear Rick:
This letter is in response to your request for waiver of preliminary plat for a three lot
subdivision located at the northeast corner of Oregon Street and 8th Avenue EN Kalispell.
The property contains approximately one acre and is owned by Shining Mountain
Church. The church will occupy proposed Lot 1 containing approximately a0.57 of an
acre while proposed Lots 2 and 3 will contain approximately 8,000 square feet each.
Proposed Lots 2 and 3 will be oriented with the front of the lot along Oregon Street and
proposed Lot 1 oriented along 8th Avenue EN. The property is currently zoned R-3,
Urban Single Family Residential, and can be described as Lot 1 of Northeast Addition in
Section 8, Township 28 North, Range 21 West, PMM, Flathead County, Montana.
Our office can find that the proposed subdivision meets the preliminary plat waiver
criteria as provided for under Section 2.06 of the Kalispell Subdivision Regulations.
Specifically it meets the following criteria: (1) the subdivision contains five or fewer lots,
(2) there is no dedication of streets or public or private parkland, (3) that the lots have
legal and physical access conforming to the subdivision regulations, (4) each lot has a
suitable building site and there are no environmental hazards present; (5) municipal
sewer and water are adequate and in place; (6) that the subdivision complies with the
subdivision and current zoning regulations, and (7) that there will be no significant
impact on agriculture, agricultural water users, local services or the natural
environment.
Due to the relatively minor impacts that this subdivision poses, this office grants
preliminary plat approval subject to the following conditions:
1. That the final plat is in substantial compliance with the preliminary plat that was
waived.
2. That a note be place on the face of the final plat that waives protest to the creation of
a special improvement district for the future upgrade of streets in the area to City
standards.
Providing Community Planning Assistance To:
® City of Columbia Falls m City of Kalispell m City of Whitefish
Montana Mapping - Shining Mountain Church
May 17, 2005
Page 2
3. A municipal facilities exemption be obtained from the Montana Department of
Environmental Quality and a letter from the Kalispell Public Works Department
stating that municipal water and sewer service are available and will be provided to
both lots.
4. A letter shall be obtained from the Kalispell Public Works Department stating that
water and sewer services are available to both lots.
5. The final plat shall indicate the location of existing building and demonstrate
compliance with the development standards of the R-3 zoning district.
6. A letter shall be obtained from the Kalispell Zoning Administrator stating that an
approved parking layout plan and schedule for paving has been reviewed and
approved. A copy of the plan shall be included with the final plat application.
7. This waiver of preliminary plat approval is valid for three years and will expire on
May 17, 2008.
Waiver of preliminary plat approval does not constitute approval of the subdivision.
Please note that prior to final plat approval all requirements must be met per Chapters
2 and 3 of the Kalispell Subdivision Regulations. If you have any questions regarding
this matter, please call Narda Wilson, Senior Planner, at this office.
Sincerely,
"/4'
Thomas R. Jentz
Planning Director
LETTERS \WAIVEPP\05 \SHINING MOUNTAIN CHURCH.DOC
Montana Department of
ENVIRONMENTAL QUALITY
P.O. Box 200901 - Helena, MT 59620-0901
May 10, 2005
Montana Mapping Associates Inc
Rick Breckenridge
1405 Hwy 2 West
Kalispell MT 59901
Dear Mr Breckenridge:
Brian Schweitzer, Governor
(406) 444-2544 - www.deq.mt.gov
RE: Resubdivision of Lot 1 of North East
Addition
Municipal Facilities Exclusion
EQ#05-2694
City of Kalispell
Flathead County
This is to certify that the information and fees received by the Department of Environmental Quality relating to
this subdivision are in compliance with 76-4-127, MCA and ARM 17.36.602. Under 76-4-125(2)(d), MCA,
this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder.
Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or
disposal of sewage are proposed {76-4-111 (3), MCA). Construction of water or sewer extensions prior to
DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75,
Chapter 6 and Title 76, Chapter 4.
Sincerely,
GJr��
anet Skaarland
Compliance Technician
Subdivision Section
Water Protection Bureau
(406) 444-1801 — email jskaarland@.state.nit.us
cc: City Engineer
County Sanitarian
file
Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division
Flathead County, Montana
800 S. Main St.
Kalispell, NIT 59901
(406)758-5510
I
FOR♦
DESCP: Aor4 &d4"f-'
YEARS ASSESSOR #
2000 THRU -,2-Q�ZY-
0
SATE
PURPOSE �OICCV'
11do
. . . . . . . ..... ..... I
I hereby certify that there are no outstanding taxes on the property
assigned the assessor numbers listed aei, for the years indicated f
each assessor number,
--- LI ZI CA
Deputy Treasurer
(seal)
Platting Certificate
Issued through the Office of:
E rt
title of flathead county
KAISPELL OFFICE
17 Main Street
Kalispell, MT 59901
(406)755-7004
Fax 406-756-3777
WHITEFISH OFFICE
(Mountain Mall)
6457 Hwy 93 South, Ste 21
Whitefish, MT 59937
(406)862-7914
Fax 406-862-7915
Order No: STK 101992
Title Examiner: Kelley Hill
BIGFORK OFFICE
(Aspen Grove)
8000 Hwy 35, Ste 2
Big -fork, MT 59911
(406)837-0358
Fax 406-837-0865
RE: Shining Mountain Church of Religious Science
Prepared for:
Montana Mapping Associates, Inc.
Attn: Kevin
1405 Hwy 2 West
Kalispell, Montana 59901
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Consent to Platting
Pursuant to Section 76-3-612, MCA, the undersigned, Three Rivers Bank of Montana,
Beneficiary, as recorded September 23, 2002, Document No. 2002-266-13250, records of
Flathead County, Montana, hereby consents to platting and dedication of land included in
the plat of the Resubdivision of Lot 1 of North East Addition.
IN WITNESS WITEREOF, said party had caused his name to be subscribed thereto,
j ` , on this .,� � day of�"� �„ z 2005.
State ofJ'
ss.
County of%—L� )
On this �-t�N day of ` )1 �., , 2005, before me the undersigned, a Notary
Public for the State of M o yn-t-cAIn. d, personally appeared Spin ,n 1� _ l/ I
known to me to be the person whose name is subscribed to this instrument, and
acknowledged that they executed the same.
In witness whereof, I have hereunto set my hand and affixed my notarial seal the day and
year in this certificate first above written.
PC 7
o Public for the State of
Residing at _Y'co
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/ My commission expires on a U
1
Order No. STK-101905
Date of Guarantee: July 11, 2006
IN
ASSURED: Montana Mapping Associates
1) Description of the land:
Guarantee No. G-1578-53872
Liability: $1,000.00
A tract of land in the S1/2NW1/4 of Section 8, Township 28 North, Range
21 West, P.M.M., Flathead County, and being a portion of Lot 1 Block 1
of North East Addition to Kalispell, described as follows: Commencing at
the Southwest corner of said Lot 1 Block 1, said point being the True
Point of Beginning of the tract of land herein described, thence
N76°07'34" E a distance of 142.17 feet along the southerly boundary of
said Lot 1 to the Southwest corner of that certain tract of land as described
in deed to the City of Kalispell recorded in Book 450, page 223, records of
Flathead County, thence N13°50'55"W a distance of 299.88 feet along
the westerly boundary of said said City of Kalispell tract to a point on the
Northerly boundary of said Lot 1, Block 1, thence S76°10'33"W a
distance of 142.00 feet along the said Northerly boundary to the Northwest
corner of said Lot 1, Block 1; thence S13°49'00"E a distance of 300.00
feet to the point of beginning
2) Name of Proposed Subdivision Plat:
The above -described tract of land is to be known and designated as the
Resubdivision of Lot 1 of North East Addition.
3) That only the hereafter named parties appear to have an interest
showing in the public records affecting the land necessitating their
execution of the named proposed plat or map, as follows:
SHINING MOUNTAINS CHURCH OF RELIGIOUS SCIENCE
THREE RIVERS BANK OF MONTANA
1. General taxes and assessments for the year 2005
First half: $371.14 PAID
Second half. $371.12 PAID
Assessor No: 75-EO38594
2. General county taxes for the year 2006, which are now a lien but not yet
computed or payable.
3. Resolution No. 3399, A resolution to approve, as a subdivision of the City of
Kalispell, The resubdivision of a portion of Hansen Addition and a portion of the
North-East Addition to Kalispell, of the City of Kalispell to be known as Lots 1, 2
and 3 of the Hansen Addition and portion of the North-East Addition to Kalispell
No. 142.
Recorded: April 16, 1982
Book/Page: 737-641
4. Easements, reservations, restrictions notes and dedications, as shown on the
Certificate of Survey No. 14403.
5. Grant of Conditional Use
Between: City of Kalispell and Shining Mountain Church
Recorded: December 4, 2001
Document No.: 2001-338-16050
6. Grant of Conditional Use
Between: City of Kalispell and Northridge Lutheran Church
Recorded: January 28, 2003
Document No.: 2003-028-14310
7. Easements, reservations, restrictions, notes and dedications, as shown on the
unrecorded plat of Resubdivision of Lot 1 of North East Addition.
8. Deed of Trust
Grantor:
Shining Mountains Church of Religious Science, Inc.
Trustee:
Sterling Title Services
Beneficiary:
Three Rivers Bank of Montana
Amount:
$135,000.00
Recorded:
January 30, 2006
Instrument No:
2006-030-15570
9. No search has been made for water rights or unpatented mining claims and
liability thereon is excepted from this Certificate.
10. The above described property is located within and subject to the jurisdiction of
the Kalispell Fire District.
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GUARANTEE - (CLTA Form) Rev. 6/6/92
GUARANTEE
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER
PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF
THIS GUARANTEE, AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT NO
GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY
NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT
OR PRIORITY OF ANY MATTER SHOWN THEREIN,
Stewart
title guaranty company
a corporation, herein called the Company,
GUARANTEES
the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount
stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth
in Schedule A.
Dated: a 3; oD(0
Cstewarf
-tide gL-" company
Chairman of th Board
signed
Counte y:
-
Wbn'zdcTSi9n4ory
tewart ; 17 Main Street
Kalispell MT 5990,
ate Of kalispeH 406-755-7064
fax 466 756-377i
ffV".1'0'2�CW4fAj V0220,00 "-r
Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional
liability, or assurances other than as contained herein, please contact the company for further information as to the availablility and cost.
PageantNo.tee of G 1578- 53872 1
Guarrial Se
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1
Order No. STK-101992 Guarantee No. G-1578-53872
Date of Guarantee: January 23, 2006 Liability: $1000.00
A. ASSURED: Montana Mapping Associates
1) Description of the land:
A tract of land in the Sl/2NW1/4 of Section 8, Township 28 North, Range
21 West, P.M.M., Flathead County, and being a portion of Lot 1 Block 1
of North East Addition to Kalispell, described as follows: Commencing at
the Southwest corner of said Lot 1 Block 1, said point being the True
Point of Beginning of the tract of land herein described, thence
N76°07'34" E a distance of 142.17 feet along the southerly boundary of
said Lot 1 to the Southwest corner of that certain tract of land as described
in deed to the City of Kalispell recorded in Book 450, page 223, records of
Flathead County, thence N13°50'55"W a distance of 299.88 feet along
the westerly boundary of said said City of Kalispell tract to a point on the
Northerly boundary of said Lot 1, Block 1, thence S76°10'33"W a
distance of 142.00 feet along the said Northerly boundary to the Northwest
corner of said Lot 1, Block 1; thence S13°49'00"E a distance of 300.00
feet to the point of beginning
2) Name of Proposed Subdivision Plat:
The above -described tract of land is to be known and designated as the
Resubdivision of Lot 1 of North East Addition.
3) That only the hereafter named parties appear to have an interest
showing in the public records affecting the land necessitating their
execution of the named proposed plat or map, as follows:
SHINING MOUNTAINS CHURCH OF RELIGIOUS SCIENCE
THREE RIVERS BANK OF MONTANA
General taxes and assessments for the year 2004
First half: $361.61 PAID
Second half. $361.58 PAID
Assessor No: 75-EO38594
2. General county taxes for the year 2005, which are now a lien but not yet
computed or payable.
3. Resolution No. 3399, A resolution to approve, as a subdivision of the City of
Kalispell, The resubdivision of a portion of Hansen Addition and a portion of the
North-East Addition to Kalispell, of the City of Kalispell to be known as Lots 1, 2
and 3 of the Hansen Addition and portion of the North-East Addition to Kalispell
No. 142.
Recorded: April 16, 1982
Book/Page: 737-641
4. Easements, reservations, restrictions notes and dedications, as shown on the
Certificate of Survey No. 14403.
5. Grant of Conditional Use
Between: City of Kalispell and Shining Mountain Church
Recorded: December 4, 2001
Document No.: 2001-338-16050
6. Grant of Conditional Use
Between: City of Kalispell and Northridge Lutheran Church
Recorded: January 28, 2003
Document No.: 2003-028-14310
7. Easements, reservations, restrictions, notes and dedications, as shown on the
unrecorded plat of Resubdivision of Lot 1 of North East Addition.
8. Deed of Trust
Grantor:
Shining Mountains Church of Religious Science
Trustee:
Flathead County Title Company
Beneficiary:
Three Rivers Bank of Montana
Amount:
$135,000.00
Recorded:
January 30, 2006
Instrument No:
2006-030-15570
9. No search has been made for water rights or unpatented mining claims and
liability thereon is excepted from this Certificate.
10. The above described property is located within and subject to the jurisdiction of
the Kalispell Fire District.
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it shall be liable hereunder, and shall not thereby concede liability or waive any
provision of this Guarantee. If the Company shall exercise its rights under this
paragraph, it shall do so diligently.
(b) If the Company elects to exercise its options as stated in Paragraph 5(a)
the Company shall have the right to select counsel of its choice (subject to the right
of such Assured to object for reasonable cause) to represent the Assured and shall
not be liable for and will not pay the fees of any other counsel, nor will the Company
pay any fees, costs or expenses incurred by an Assured in the defense of those
causes of action which allege matters not covered by this Guarantee.
(c) Whenever the Company shall have brought an action or interposed a
defense as permitted by the provisions of this Guarantee, the Company may
pursue any litigation to final determination by a court of competent jurisdiction and
expressly reserves the right, in its sole discretion, to appeal from an adverse
judgement or order.
(d) In all cases where this Guarantee permits the Company to prosecute or
provide for the defense of any action or proceeding, an Assured shall secure to the
Company the right to so prosecute or provide for the defense of any action or
proceeding, and all appeals therein, and permit the Company to use, at its option,
the name of such Assured for this purpose. Whenever requested by the Company,
an Assured, at the Company's expense, shall give the Company all reasonable aid
in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or
defending the action or lawful act which in the opinion of the Company may be
necessary or desirable to establish the title to the ,estate or interest as stated
herein, or to establish the lien rights of the Assured. If the Company is prejudiced
by the failure of the Assured to furnish the required cooperation, the Company's
obligations to the Assured under the Guarantee shall terminate.
6. Proof of Loss or Damage - in addition to and after the notices required under
Section 3 of these Conditions and Stipulations have been provided to the
Company, a proof of loss or damage signed and sworn to by the Assured shall be
furnished to the Company within ninety (90) days after the Assured shall ascertain
the facts giving rise to the loss or damage. The proof of loss or damage shall
describe the matters covered by this Guarantee which constitute the basis of loss
or damage and shall state, to the extent possible, the basis of calculating the
amount of the loss or damage. If the Company is prejudiced by the failure of the
Assured to provide the required proof of loss or damage, the Company's obligation
to such Assured under the Guarantee shall terminate. In addition, the Assured may
reasonably be required to submit to- examination under oath by any authorized
representative of the Company and shall produce for examination, inspection and
copying, at such reasonable times and places as may be designated by any
authorized representative of the Company, all records, books, ledgers, checks,
correspondence and memoranda, whether bearing a date before or after Date of
Guarantee, which reasonably pertain to the loss or damage. Further, if requested
by any authorized representative of the Company, the Assured shall grant its
permission, in writing, for any authorized representative of the Company to
examine, inspect and copy all records, books, ledgers, checks, correspondence
and memoranda in the custody or control of a third party, which reasonably pertain
to the loss or damage. All information designated as confidential by the Assured
provided to the Company pursuant to this Section shall not be disclosed to others
unless, in the reasonable judgement of the Company, it is necessary in the
administration of the claim. Failure of the Assured to submit for examination under
oath, produce other reasonably requested information or grant permission to secure
reasonably necessary information from third parties as required in the above
paragraph, unless prohibited by law or governmental regulation, shall terminate any
liability of the Company under this Guarantee to the Assured for that claim.
7. Options to Pay or Otherwise Settle Claims: Termination of Liability - In
case of a claim under this Guarantee, the Company shall have the following
additional options:
(a) To Pay or Tender Payment of the Amount of Liability or to Purchase the
Indebtedness,
The Company shall have the option to pay or settle or compromise for or in
10. Reduction of Liability or Termination of Liability - All payments under this
Guarantee, except payments made for costs, attorneys' fees and expenses
pursuant to Paragraph 5 shall reduce the amount of liability pro tanto.
11. Payment of Loss
(a) No payment shall be made without producing this Guarantee for
endorsement of the payment unless the Guarantee has been lost or destroyed, in
which case proof of loss or destruction shall be furnished to the satisfaction of the
Company.
(b) When liability and the extent of loss or damage has been definitely fixed in
accordance with these Conditions and Stipulations, the loss or damage shall be
payable within thirty (30) days thereafter.
12. Subrogation Upon Payment or Settlement - Whenever the Company shall
have settled and paid a claim under this Guarantee, all right of subrogation shall
vest in the Company unaffected by any act of the Assured claimant.
The Company shall be subrogated to and be entitled to all rights and remedies
which the Assured would have had against any person or property in respect to the
claim had this Guarantee not been issued. If requested by the Company, the
Assured shall transfer to the Company all rights and remedies against any person
or property necessary in order to perfect this right of subrogation. The Assured shall
permit the Company to sue, compromise or settle in the name of the Assured and
to use the name of the Assured in any transaction or litigation involving these rights
or remedies.
If a payment on account of a claim does not fully cover the loss of the Assured
the Company shall be subrogated to all rights and remedies of the Assured after
the Assured shall have recovered its principal, interest, and costs of collection.
13. Arbitration - Unless prohibited by applicable law, either the Company or the
Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of
the American Arbitration Association. Arbitrable matters may include, but are not
limited to, any controversy or claim between the Company and the Assured arising
out of or relating to this Guarantee, any service of the Company in connection with
its issuance or the breach of a Guarantee provision or other obligation. All arbitrable
matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the
option of either the Company or the Assured. All arbitrable matters when the
amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed
to by both the Company and the Assured. The Rules in effect at Date of Guarantee
shall be binding upon the parties. The award may include attorneys' fees only if the
laws of the state in which the land is located permits a court to award attorneys'
fees to a prevailing party. Judgement upon the award rendered by the Arbitrator(s)
may be entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title A
copy of the Rules may be obtained from the Company upon request.
14. Liability Limited to This Guarantee; Guarantee Entire Contract
(a) This Guarantee together with all endorsements, if any, attached hereto by
the Company is the entire Guarantee and contract between the Assured and the
Company. In interpreting any provision of this Guarantee, this Guarantee shall be
construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, or any
action asserting such claim, shall be restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can be made except
by a writing endorsed hereon or attached hereto signed by either the President, a
Vice President, the Secretary, an Assistant Secretary, or validating officer or
authorized signatory of the Company
15. Notices, Where Sent - All notices required to be given the Company and any
statement in writing required to be furnished the Company shall include the number
of this Guarantee and shall be addressed to the Company at P.O. Box 2029
Houston, Texas 77252-2029.
Page 4
title guaranty company
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