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Staff Report/Final PlatREPORT TO: FROM: SUBJECT MEETING DATE: City of Kalispell Planning Department 17 - 2' Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: www.kalispell/planning.com Kalispell Mayor and City Council Nicole C. Johnson, Planner II James H. Patrick, City Manager Final Plat for Subdivision No. 272 September 4, 2007 BACKGROUND: This is a request from Tim and Kay Knoll and Sands Surveying, Inc. for final plat approval of Subdivision No. 272 that plats a single family lot approximately a third of an acre in size. The lot was separated from a piece of tract land where the owner currently resides at 121 Denver Avenue. The property is just south of the existing home on the east side of Denver Avenue between Bluestone Drive and Rimrock Court and can be legally described as Assessors Tract No. 7AACAA, located in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The Kalispell City Council approved this subdivision subject to 10 conditions on June 5, 2006. Note that two sublots that would have allowed the construction of a two unit townhouse were initially approved. The developer has since decided to create just one single family lot in the same location as that approved for the two sublots. The change in design was considered to be minor. All of the conditions have been adequately met or otherwise adequately addressed and all improvements have been completed. RECOMMENDATION: A motion to approve the final plat for Subdivision No. 272 would be in order. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, Nicole C. Johnson James H. Patrick Planner II City Manager Report compiled: August 29, 2007 Attachments: Letter of transmittal Final plat application and supporting documents City of Kalispell Planning Department 17 - god Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: www.kalispell/planning.com August 29, 2007 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Final Plat for Subdivision No. 272 Dear Jim: This is a request for final plat approval of Subdivision No. 272 that plats a single family lot approximately a third of an acre in size. The lot was separated from a piece of tract land where the owner currently resides at 121 Denver Avenue. The property is located on the east side of Denver Avenue between Bluestone Drive and Rimrock Court and can be legally described as Assessors Tract No. 7AACAA, located in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Preliminary plat approval for this subdivision was granted by City Council on June 5, 2006 subject to 10 conditions. Note that two sublots that would have allowed the construction of a two unit townhouse were initially approved. The developer has since decided to create just one single family lot in the same location as that approved for the two sublots. The change in design was considered to be minor. All of the required infrastructure improvements have been completed and approved by city staff. The following is a list of the conditions of preliminary plat approval for this subdivision and a discussion of how they have been met or otherwise addressed. COMPLIANCE WITH CONDITIONS OF APPROVAL: Condition No. 1. That the final plat for the subdivision shall be in substantial compliance with the approved preliminary plat. (Kalispell Subdivision Regulations, Appendix C - Final Plat) • This condition is met. The preliminary plat application of Subdivision No. 272 was approved for two sublots that would have allowed the construction of a two unit townhouse. The developer has since decided to instead create one large single family lot in the same location as that approved for the two sublots. This change was considered to be minor. The final plat substantially complies with the approved preliminary plat. Condition No. 2. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards; and shall be certified by an engineer licensed in the State of Montana. All work shall be reviewed and approved by the Kalispell Public Works Department prior to construction. This infrastructure shall include curb, gutter, boulevard and sidewalk shall be installed along Denver Avenue as it abuts the subdivision. (Kalispell Design and Construction Standards) ® This condition is met. Curb, gutter, boulevard, and sidewalk have been installed along Denver Avenue from the southern most boundary of the property north to Rimrock Court. The improvements were designed by Jeff Larsen, an engineer certified by the State of Montana, and approved by the Public Works Department prior to construction on or around June 15, 2006. Condition No. 8. A letter from the Kalispell Public Works Department stating that the new infrastructure has been accepted by the City of Kalispell. (Kalispell Design and Construction Standards) This condition is met. The Kalispell Public Works Department approved the completed curb, gutter, boulevard, sidewalk and storm drain in a letter to Mr. Larsen dated August 13, 2007. Condition No. 4. The required boulevard along Denver Avenue shall be a minimum of 5 feet wide and a payment in lieu of landscaping provided to the Department of Parks and Recreation for the installation of street trees and seeding of the boulevard. (Findings of Fact Section D) ® This condition is met. The boulevard along Denver Avenue has been completed and is five feet in width. The owner also installed street trees and seeded the boulevard along Denver Avenue. The Parks and Recreation Department approved of the landscaping after a site inspection on June 18, 2007 noting that the owner was responsible for watering and maintaining the trees and boulevard for a period of two years. Condition No. 5. The following note shall be placed on the final plat for lots IA and 1B, "Property owner(s) are responsible for the boulevard strip for the length of their property boundaries. Responsibilities include watering and mowing of the grass within the boulevard. Removal of grass or trees within the boulevard is prohibited unless approved by the Kalispell Department of Parks and Recreation." (Findings of Fact Section D) ® This condition is met. The note appears on the face of the final plat. Condition No. 6. The owner of tract 7AACAA shall install curb, gutter and sidewalk along the property boundary adjacent to Denver Avenue. The new infrastructure shall connect with existing infrastructure along Denver Avenue. (Findings of Fact Sections C and D) ® This condition is met. The infrastructure was installed according to the plans approved by Public Works and was inspected and approved by the Public Works Department in a letter dated August 13, 2007. Condition No. 7. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) ® This condition is met. The utilities are in place underground. Condition No. 8. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. Erosion control measures must be in place during construction and remain in place until the site is stabilized. ® This condition is met. The site has been adequately seeded. When development is proposed, the applicant will be required to address erosion control issues and obtain a storm water management permit. Condition No. 9. If the owner chooses a rear access, the owner shall provide a draft copy of a maintenance agreement for the 20-foot access easement shown on the preliminary plat. (Findings of Fact Section A) ® As the developer chose to create a single lot verses two sublots, the rear access was not needed to develop the lot. Therefore, this condition is no longer applicable. Condition No. 10. That preliminary plat approval shall be valid for a period of three years form the date of approval. (Kalispell Subdivision Regulations, Section 2.04) ® This condition is met. The preliminary plat would expire on June 5, 2009. The final plat is in substantial compliance with the preliminary plat which was submitted and approved. This subdivision plat has been found to be in substantial compliance with the State and City Subdivision Regulations. All taxes are current. The title report notes that Laurence Ernest Lautaret and Maxine Lautaret have an interest in the property and they have filed the necessary "Consent to Plat". • I• •3 Z I RUN- , • This subdivision complies with the Kalispell Zoning Ordinance and the R-4 zoning designation. 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 schedule this matter for the September 4, 2007 city council agenda if possible. You may call me at 751-1850 if I can be of assistance to you regarding this matter. Sincerely, ILA- C Nicole C. Johnson Planner II Attachments: 1 11 x 17 copy of plat Vicinity Map 2 reproducible mylars of final plat 1 copy of final plat Final plat application received 8 / 16 / 07 Letter from DEQ dated 7 / 13 / 07 Title Report dated 7/27/07 Consent to plat from Laurence Ernest Lautaret and Maxine Lautaret dated 7 / 30 / 07 Memo from Public Works Department dated 8/ 13/07 and 8/28/07 Letter from Kalispell Parks and Recreation Department dated 6/19/07 Tax Certification dated 8/ 15/07 c w/Att: Theresa White, Kalispell City Clerk c w/o Att: Tim and Kay Knoll, 121 Denver Avenue, Kalispell, MT 59901 Sands Surveying, Inc., Attn: Erica Wirtala, 2 Village Loop, Kalispell, MT 59901 City of Kalispell Planning Department 17 - 2nd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 FINAL PLAT APPLICATION Project /Subdivision Name: Subdivision No. 272 Contact Person: Name: Sands Surveying, Inc Address:^2 Village Loop Kalispell, MT 59901 Phone No.:-(406) 755-6481 Date of Preliminary Plat Approval: June 5 2206 Owner & Mailing Address: Tim and Kay Knoll_ 121 Denver Avenue Kalispell MT 59901 (406) 755-8627 Type of Subdivision: Residential X Industrial Commercial PUD Other Total Number of Lots in Subdivision 2 lots Land in Project (acres) 0.306 acres Parkland (acres) Cash -in -Lieu $ Exempt Yes No. of Lots by Type: Single Family X Townhouse Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial Industrial Planned Unit Development Condominium Multi -Family Other Legal Description of the Property = W 1 / 2 of SW 1 / 4 of Section 25, Township 20 North, Range 22 West P.M.M. FILING FEE ATTACHED $610.00 Minor Subdivision with approved preliminary plat $400 + $105/lot Major Subdivision with approved preliminary plat $650 + $105/lot Subdivisions with Waiver of Preliminary Plat $600 + $105/lot Subdivision Improvements Agreement $ 50 X Health Department Certification (Original) X Title Report (Original, not more than 90 days old) X Tax Certification (Property taxes must be paid) X Consent(s) to Plat (Originals and notarized) X Subdivision Improvements Agreement (Attach collateral) X Parkland Cash -in -Lieu (Check attached) X Maintenance Agreement X Plats: lopaque OR 2 mylars 1 mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned 11X17 Copy 1 1Xl 7 Copy Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Kalispell Planning Department, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the planning board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. **NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision final plat applications be accompanied with a digital copy. L Z- Z'Zd Owner(s) Signature Date **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 comer of the public land survey system Montana Department of ��- 1 ( �j [' _N V1111��.t 'N_1. t1111N �I1 1\11.a '�� .cl��!_,>� .1� Y Brian Schweitzer, Governor P.O. Box 200901 Helena, NIT 59620-0901 (406) 444-2544 www.deq.mt.1-ov July 13, 2007 Larsen Engineering & Surveying PO Box 2071 Kalispell MT 59903 Dear Sirs: RE: Subdivision No 272 Municipal Facilities Exclusion EQ#08-1044 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,,/ 'anet 5kaarland Compliance Specialist Subdivision Section (406) 444-1801 — email jskaarland(a;ny.Lov cc: City Engineer County Sanitarian file F.nfurcemcnt Do, i,I'm • Nenuittfng & C nmphanee Division • t'Ianoin�, Pre"Illion & assistnn�e W) loon • Rcmediaiion Division Aug 15 07 08:59a LRRSEN ENG.& SURV. (40G)257-4051 p.1 City of Kalispell Public Works Department Post Office Bow 1997. Kalispell, Montana 59903-1997 - Telephone (406)758-7720. Fax (406)758-7831 August 13, 2007 Larsen Engineering & Surveying, Inc., P.E. P.O. Box 2071 Kalispell, Montana 59903-2071 Attention: Jeff Larsen, P.E., P.L.S. Re: Tim & Kay Knoll Denver Avenue Sidewalk & Storm Drain Improvements Dear Jeff, The City of Kalispell Public Works Department hereby approves the existing, completed sidewalk and storm drain improvements for the referenced project. The two-year warranty period for the City owned and maintained existing, completed improvements commenced on July 27, 2007. If you have any questions, do not hesitate to contact this office. Sincerely, Frank Castles, PE Assistant City Engineer/Deputy Public Works Director CC: Sean Conrad, Senior Planner; Planning Department TR City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 August 28, 2007 Kalispell Planning Office Kalispell, Montana 59901 Attention: Nichole Johnson, Planner RE: Subdivision No. 272 Kalispell, Montana Dear Nichole: _ e!� 2 8 2007'i The construction plans and supporting documents for the referenced project were verbally approved for the referenced project on or about June 15, 2006. The required infrastructure included, curb & gutter, boulevard and sidewalk construction along the East side of Denver Avenue. If you have any questions, please do not hesitate to contact this office. Sgcey, Frank Castles, P.E. Deputy Public Works Director/Assistant City Engineer FROM : KRLISPELL PRRKS AND RECREATION FAX NO. : 7587719 Jun. 19 2007 12:39PM P2 C1� o Ka lispa* r d 3' Parks and Recreation June 19, 2007 Alpine Peak Construction, Inc Attn: Tim Knoll 120 Rim Rock Kalispell, MT 59901 Phone: 406-755--8627 Re: Subdivision #272 Dear Tim: 35 13c Ave East — P 0 Box 1997 — Kalispell M1" 59903-1997 Phone: (406) 758-7960 Fax: (406) 758-7719 Email: clincher(cv'kalispell.com I had the opportunity to do an onsite inspection on June 18, 2007 of the boulevard landscaping and tree planting on your subdivision #272 on Denver Avenue. This letter is to serve as approval of the landscaping and tree planting on your subdivision #272_ Please note the developer is responsible for watering and maintaining the trees and boulevard for a period of 2 years. It has been enjoyable working with you Tim, and we appreciate your thoroughness and attention to detail. If you have any concerns or questions please give me a call_ S?adFlncher, C Parks Superintendent CC: Sean Conrad, Planning Department Mike Balser, Parks and Recreation Director Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only BY: Sands FOR : Knoll, Tim & Kay DATE: 07/24/2007 DESCP : Subdivision No. 272 (Tr 7AACAA in PURPOSE: Plat 19-28-21) YEARS ASSESSOR # 2003 thru 2006 0981296 I hereby certify that there are no outstanding taxes on the property%�', assigned the assesso rs listed above, fgthe years indicated for,; each assessor nu�` Deputy Treasurer (seal) WA 15 2007 SUBDIVISION No 272 a� rare rrxnctt.KaKuw: - IN rWAEL14NWL14 SEC 19, T.2ft R.P/W AAKAt, FLAMEAD COMM AMMAG4 H R/MROOK . COURT 0 6"Ill s/9'• ry - W �� I � ..•..n—1 wmw — t (NOT A PART)I S/SMARK I (cos 11352) I /h a STREET a X S O LOT 1 o I 0.332 AC. e 5 aov y..yl'Y)'IY� KIIP' l' P/ aeaus a. famca. famc e s .tv (STRATFORD VILLAGE) e� s.m.s.. oot a am n m.tniov taaa e".•rss -a man eP �a ) ' - navmwf w.a ce®ty ciut SHEET 1 OF 1 SHEET