Staff Report/Final PlatTri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana ••0
Phone: (406) 751-1850
Fax: (406) 751-1858
tri c ity(a-)c e ntu ryte 1. ne t
www.tricityplanning-mt.com
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT Final Plat for Subdivision No. 182
MEETING DATE: March 1, 2004
BACKGROUND: This is a request for final plat approval of Subdivision No. 182, a
four lot residential subdivision on approximately 1.39 acres. The subdivision is located
on the east side of Fifth Avenue East and north of Eighteenth Street East. The property
addresses are 713 and 715 Fifth There are three dwellings currently located on this
property. Proposed Lots 1 and 3 have small single family homes while proposed Lot 4
has a single -wide mobile home which is a non -conforming structure. Proposed Lot 2 is
vacant. The property was annexed into the city of Kalispell as part of the preliminary
plat review process in 1999 and given an RA-1 zoning designation which is consistent
with other zoning in the area. RA-1, Low Density Residential Apartment, district has a
minimum lot size requirement of 6,000 square feet for single family and duplex dwelling,
plus an additional 3,000 square feet for each dwelling beyond a duplex.
Preliminary plat approval for this subdivision was granted by the Kalispell City
Council on January 3, 2000 and they have received an extension on the preliminary
plat. The property owner would like to bond for the paving on the access road and
fire turnaround area and have submitted a subdivision improvements agreement and
a cashier's check in the amount of $6,500 or 125 percent of the cost of the paving. The
subdivision improvements agreement estimates the paving will be completed by
October 31, 2004.
The preliminary plat was approved by Resolution 4529 subject to seven conditions as
outlined below. The following is a discussion of compliance with each of these
conditions as well as findings of compliance with the City subdivision regulations and
zoning ordinance.
RECOMMENDATION: A motion to accept the subdivision improvements agreement
and approve the final plat for Subdivision No. 182 would be in order.
FISCAL EFFECTS: Potential minor positive impacts once developed.
ALTERNATIVES: As suggested by the City Council.
Providing Community Planning Assistance To:
• City of Columbia Falls • City of Kalispell • City of Whitefish •
Final Plat for Subdivision No. 182
February 25, 2004
Page 2
Respectfully submitted,
;71%/-
Narda A. Witson
Director
Report compiled: February 26, 2004
" v
Chris A. Kukulski
City Manager
Attachments: Letter of transmittal
Final plat application and supporting documents
Appendix - Page A-23
SUBDIVISION IMPROVEMENT AGREEMENT
Z 1 THIS AGREEMENT, made and entered into this0.6A day of k,6K0 i.::/
-P9 by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the`
First Par# , and l preinafter referred to as the CITY, and
(Name of Developer) /�
a - ,, Y/ o cl L(.G—X
(Individual, Company or Comoration)
located attJin
(Street Address/P. O�ox) (City, Co ty, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
THAT HEREAS, the Developer is. owner and developer of a new subdivision
knoN-,n as ///%S/l�Yl ✓� �1 p
(Name of Subd-vision
located at ���.;��9,/�•i lei% 0
(Location of Subdivision)
and,
W REAS, the k
ty h conditioned it's approval of the final plat of
o - 1 %- . upon the conditions as set forth
(Name of Subdivision)
in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in
"Exhibit A" have not been completed at this time, and the Developer wishes to bond for the
completion of those improvements set forth in "Exhibit A"; and
WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a
financial security of 125% of the estimated total cost of construction; of said improvements as
evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit B";
and
WHEREAS, the estimated total cost of construction of said improvements is the sum of
$ . 5 AO() , op
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision
by the City, the Developer hereby agrees as follows:
1. The Developer shall deposit as collateral with the City a Letter of Credit, or other
acce table collateral as determined by the City Council, in the amount of
$ M� ) U . . Said Letter of Credit or other collateral shall have an expiration
date of at least sixty (60) days following the date set for completion of the improvements, certif ing
the following:
Feb OF, 04 02 c 38p LRRSEN ENG. & StlRV . t4061257-4051
.2
Appendix - Page A-w;
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS, O
That the Developer shall provide for inspection of all required improvements by a registeree-
professional engineer before the Developer shall be released from the Subdivision Improvement
Agreement.
That if the Cite determines that any improvements are not constructed in compliance with,
the specifications, it shall furnish the Developer with a list of specific deficiencies and may
withhold collateral sufficient to insure such compliance. If the City determines that the Developer
Nkill not construct any or all of the improvements in accordance lAith the specifications, or Within
the required rime l.irnits, it may NNiihdraw the collateral and employ such funds as may be necessary
to construct The improvement or improvements in accordance cvith the specifications, The unused
portions of the collateral shall be returned to the Developer or the crediting institution, as is
appropriate.
IN Wj/ TNT.SS Ml OF, the Parties have hereunto set their hands and seals the day and
year herein fore written
r;iW trite of Sihbdivision/Developel/Firm i
(Title)
STATE OF MON��l`
COUNT 4' OF
On this day of before me, a Notary Public
For the State of Montana personally appeared f / known to
me to be the _.5 of.2c f whose
name is subscribia to the foregoing instru?rient and acknowledged to me that he/she executed the
same.
IN FITNESS WHEREOF, I have hereunto set my hand and at'Iixed m4_ :'notarial Seal this
day a,Ayear first above r.=,ritten/—)
Nagar- PublicXmhe Pa
Residing
My Corrn-issi• n Expires
;MAYOR. CITY OF KALISPELL ATTEST:
MAYOR FLNANCE DIRECTOR
Page A-24 - Appendix
a. That the creditor guarantees funds in the sum of 00
t e�s imated cost o completing the required improvements ir.
of completing
(Name of Subdivision)
b. That if the Developer fails to complete the specified improvements within
the required period, the creditor will pay to the City immediately, and without further action,
such funds as are necessary to finance the completion of those improvements up to the
limited of credit stated in the letter; �%
2. That said required improvements shall be fully completed by d, G'�
�-`7Z
3. That upon completion of the required improvements, the Developer shall cause to
be filed with the City a statement certifying that:
a. All required improvements are complete;
b. . That the improvements are in compliance with the minimum standards
specified by the City for their construction and that the Developer warrants said
improvements against any and all defects for a period of one (1) year from the date or"
acceptance of the completion of those improvements by the City.
c. That the Developer knows of no defects in those improvements;
d. That these improvements are free and clear of any encumbrances or liens;
e. That a schedule of actual construction costs has been filed with the Cit<,_
and,
f. All applicable fees and surcharges have been paid.
4. The Developer shall cause to be filed with the City copies of final plans, profiles,
grades and specifications of said improvements, with the certification of the registered professional
engineer responsible for their preparation that all required improvements have been installed in
conformance with said specifications.
Page A-26 - Appendix
EXHIBIT A
Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana.
This agreement specifically includes the following improvements, their projected
construction completion date and estimated construction costs.
CHECK CONSTRUCTION ESTIMATED
APPROPRIATE COMPLETION
CONSTRUCTION
IMPROVEMENTS BOX
Street Grading/Paving
Street Base
Sidewalks
Curbs and Gutters
Sanitary Sewers
Mains
Other ( )
On -Site Sewage
Facilities
Water Systems
Mains
Other ( )
On -Site Water Supply
Water Storage Tanks
Fire Hydrants
Storm Sewer or
Drainage Facilities
Street Signs
Street Lighting
Street Monuments
Survey Monument Boxes
Landscaping
Other ( )
TOTAL COLLATERAL (TOTALS COSTS X 125%)
DATE
Off-.31) Zoo4-
COSTS
SSoo,no
SUBTOTALSC�
FEES
TOTALS COSTS -� a
nv Sums
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Trii-Clity
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity(i�ce nturytel. net
www. tric ity p la nning-mt.
February 25, 2004
Chris Kukulski, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59901
Re: Final Plat for Subdivision No. 182
Dear Chris:
This is a request for final plat approval of Subdivision No. 182, a four lot residential
subdivision on approximately 1.39 acres. The subdivision is located on the east side of
Fifth Avenue East and north of Eighteenth Street East. The property addresses are 713
and 715 Fifth There are three dwellings currently located on this property. Proposed
Lots 1 and 3 have small single family homes while proposed Lot 4 has a single -wide
mobile home which is a non -conforming structure. Proposed Lot 2 is vacant. The
property was annexed into the city of Kalispell as part of the preliminary plat review
process in 1999 and given an RA-1 zoning designation which is consistent with other
zoning in the area. RA-1, Low Density Residential Apartment, district has a minimum
lot size requirement of 6,000 square feet for single family and duplex dwelling, plus an
additional 3,000 square feet for each dwelling beyond a duplex.
Preliminary plat approval for this subdivision was granted by the Kalispell City
Council on January 3, 2000 and they have received an extension on the preliminary
plat. The property owner would like to bond for the paving on the access road and
fire turnaround area and have submitted a subdivision improvements agreement and
a cashier's check in the amount of $6,500 or 125 percent of the cost of the paving.
The subdivision improvements agreement estimates the paving will be completed by
October 31, 2004.
The preliminary plat was approved by Resolution 4529 subject to seven conditions as
outlined below. The following is a discussion of compliance with each of these
conditions as well as findings of compliance with the City subdivision regulations and
zoning ordinance.
•Aj. • r • • -•
Condition No. 1. That the subdivision shall be developed in substantial compliance
with the approved preliminary plat except has amended by the conditions of approval.
This condition has been met. The subdivision is compliant with the approved
preliminary plat.
Providing Community Planning Assistance To:
• City of Columbia Falls • City of Kalispell • City of Whitefish •
Final Plat for Subdivision No. 182
February 25, 2004
Page 2
Condition No. 2. The access strip portions of proposed Lots 2 and 4 shall be
dedicated as road and utility easement and that easement shall extend the entire length
of the lot to provide for the potential extension of future access to the east.
® This condition has been met. The easement is indicated on the final plat as
required.
Condition No. 3. That the access to proposed Lots 2 and 4 shall be shared and that
the access road shall be paved to a minimum width of 20 feet.
® This condition has been adequately addressed. Lots 2 and 4 will share access and
the subdivision improvements agreement covers the cost of the required paving.
Condition No. 4. That an approved fire access turnaround area to proposed Lots 2
and 4 shall be developed with either a hammerhead, T-turnaround or other
arrangement that has been reviewed and approved by the Kalispell Fire Department.
® This condition has been adequately addressed. The fire access turnaround is in
place and the SIA addresses the required paving.
Condition No. 5. Sewer and water facilities shall be approved by the Kalispell Public
Works Department and the Montana Department of Environmental Quality.
® This condition has been met. Municipal water and sewer are available to the site
and an approval letter from DEQ has been submitted with the final plat.
Condition No. 6. All new utilities shall be placed underground.
® This condition has been met. All new utilities have been placed underground.
Condition No. 7. That preliminary plat approval is valid for three years.
® This condition has been met. An extension was granted for this subdivision.
COMPLIANCE WITH APPROVED PRELIMINARY PLAT
The final plat is in compliance with the preliminary plat which was submitted and
approved.
COMPLIANCE WITH THE SUBDIVISION REGULATIONS:
This subdivision plat has been found to be in substantial compliance with the State
and City Subdivision Regulations.
Final Plat for Subdivision No. 182
February 25, 2004
Page 3
This subdivision complies with the Kalispell Zoning Ordinance and the RA-1 zoning
for the property.
• • •
All of the conditions of preliminary plat approval have been adequately addressed.
The staff recommends that the Kalispell City Council approve the final plat for this
subdivision. Please note that the subdivision improvements agreement should be
accepted along with the final plat approval. Please schedule this matter for the March
1, 2004 regular city council meeting. You may call me at 751-1852 if I can be of
assistance to you regarding this matter.
Sincerely,
Narda A. Wilson, AICP
Senior Planner
Attachments: 1 opaque mylar of final plat
1 reproducible mylar of final plat
1 blueline of final plat
Letter from Larsen Engineering and Surveying dated 2/ 10/04
Final plat application dated 11 / 18 / 03
Letter from MDEQ dated 5/22/00 (EQ#00-2400)
Letter from Kalispell Fire Dept 7/1/03
Subdivision Improvements Agreement dated 2/6/04
Title report dated 1/ 15/04
Consent to plat dated 1/7/04
Consent to plat dated 12/22/03
Treasurer's certification dated 2/11/04
Cashiers check for $6,500
c: Jeff H. Larsen, P.O. Box 2071, Kalispell, MT 59903
Robert Rinke, P.O. Box 5244, Kalispell, MT 59903
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