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Staff Report/Final PlatFlathead e i Development ice 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 July 16, 1998 Glen Neier, Interim City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Southfield Park Subdivision Dear Glen: Our office has received the application for final plat approval of Southfield Park Subdivision (Haven Field), a five lot commercial subdivision located on the southeast corner of Highway 93 South and 18th Street East in Kalispell. This property was purchased from the City of Kalispell in the spring of 1997 as part of the City's urban renewal plan for the area for the purpose of redevelopment of the site from ballfields to a quality commercial complex. The City of Kalispell and current property owner, Richard A. Dasen, executed a development agreement for certain improvements to the property totaling approximately six million dollars to be in place by January 1, 1999. If the improvements are not in place, the property owner would pay ad valorem taxes in the amount of $124,000 or the difference between tax revenue generated by the improvements and that amount. Preliminary plat approval for this subdivision was granted by the Kalispell City Council on June 15, 1998 subject to nine conditions. This property is zoned B-2, General Business, which anticipates a variety of retail, office and other commercial uses such as those intended for these parcels. The following is a list of the conditions of approval and a discussion of how they have been met. COMPLIANCE WITH CONDITIONS OF APPROVAL: Condition No. 1. That the development of the site will be in substantial conformance with the approved preliminary plat which shall govern the general location of the lots and accesses. • This condition has been met. The final plat conforms to the approved preliminary plat design. Condition No. 2. That the Certificate of Subdivision Approval be obtained from the Department of Environmental Quality for water and sewer service to the lots. This condition has been met. A letter dated May 26, 1998, E.Q. #98-2579, from the Montana Department of Environmental Quality stating that the information Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Final Plat for Southfield Park Sub.._ Asion July 16, 1998 Page 2 submitted has fullfilled the requirements of the State's master plan exemption has been submitted with the final plat. Condition No. 3. That a letter from the Kalispell Public Works Department shall be obtained which states that the proposed plans and specifications all improvements including pavement, curbs, gutters, sidewalks, landscaping and drainage systems have been reviewed and approved in accordance with Kalispell's Design and Construction Standards and have been constructed accordingly. • This condition has not been met. A subdivision improvements agreement was submitted with the final plat, however, not collateral has been received. A letter from public works approving the improvements has not been received. Condition No. 4. That an approach permit for the access onto Highway 93 be obtained from the Montana Department of Transportation and that the terms and conditions of the permit be met. • This condition has been adequately addressed. A letter from the Montana Department of Transportation dated June 18, 1998 stating that they will work with the developer during the construction of the Ashley Creek to Kalispell project for Highway 93 has been submitted with the final plat. Condition No. 5. That an approach permit for access onto 18th Street East and Third Avenue East be obtained from the Kalispell Public Works Department and that the terms and conditions of the permit be met. • This condition has not been met. A letter from public works approving the driveway improvements has not been received. Condition No. 6. That a cross easement agreements be filed with the final plat or made as a note of the face of the final plat granting access to all lots within the subdivision by way of the internal road and utility easements shown on the plat. • This condition has been met. There is a note on the face of the plat stating that access is granted between the lots by way of the easements indicated on the plat. Cross easement access and parking is also addressed in the covenants submitted with the final plat. Condition No. ?. That covenants be filed with the final plat which ensures architectural compatibility among the development with regard to architectural design of the buildings, signs, color, materials, height and size. • This condition has been substantially met. Covenants have been submitted with the final plat which generally address this condition. Condition No. 8. That the number and location of fire hydrants within the subdivision be reviewed and approved by the Kalispell fire chief. Final Plat for Southfield Park Sub_.. vision July 16, 1998 Page 3 e This condition has been met. A letter from Fire Chief Ted Waggener dated June 24, 1998 stating that the proposed location of the fire hydrant and access road are adequate until such time as buildings are constructed, at which time additional hydrants may be necessary depending on the type and size of the buildings. Condition No. 9. That the preliminary plat shall be valid for a period of three years from the date of approval. ® This condition has been met. The final plat was submitted prior to expiration of approval. COMPLIANCE WITH APPROVED PRELIMINARY PLAT 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. This subdivision complies with the Kalispell Zoning Ordinance. All of the conditions of preliminary plat approval have not been adequately met if you believe that it is appropriate, please schedule this matter for the regular City Council meeting of July 20, 1998. Sincerely, -IA&4 V4 Narda Wilson, AICP Senior Planner NW/ Attachments: 1 opaque mylar of final plat 1 reproducible mylar of final plat 1 blueline of final plat Final plat application received 6 / 5 / 98 Letter from Jackola Engineering dated 6/24/98 Letter from MDEQ dated 6/26/98 Final Plat for Southfield Park Su_ .vision July 16, 1998 Page 4 Letter from Fire Chief Waggener dated 6/24/98 Letter from MDOT dated 6/ 18/98 Declaration of Covenants, Conditions and Restrictions Subdivision Improvements Agreement Title First American Title dated 5/27/98 FM-22372 No Treasurers Certification - taxes not due till assessed 1 / 1 / 99 c: Jackola Engineering, Box 1134, Kalispell, MT 59901 Richard A., Dasen, Sr., 400 West Valley Drive, Kalispell, MT 59901 Theresa White, Kalispell City Clerk H: \... \KFP98-5 Flathead Regional Development Office 723 51h Ave. East Room 414 Kalispell, MT 59901 Phone: (4061758-5980 Fax: (4061758-579f PUCATION NAA ," ar Subdivision Name Contact Person: :g FINAL PLAT APPLICATION J L 5 1998 ` ., Southfield park Owner: F. R, D. 0. Name: Jackola Eng. & Arch., P.C. Richard A. Dasen, Sr. Address: Box 1 1 34 400 West Valle! Dr. Kalispell, MT 59903-1134_ Kalispell, MT 59901 Phone No.: 755-3208 755-6864 Date of Preliminary Plat Approval: June 15, 1998 Type Subdivision: Residential — Industrial _ Commercial X PUD _ Other _ No. of Lots Proposed: 5 Park Land (ac.): Land in Lots: (ac.) 4. 41 Acres Cash -in -lieu: $ Exempt: X FILING FEE ATTACHED: $ 250.00 Note: Minor Subdivision - $200 +10/lot Major Subdivision - $300 + 10/lot Prel. Plat Waived - $400 + 10/lot Not Attached Applicable (MUST CHECK ONE) X Health Department Certification (Original) X Title Report (Original, not more than 90 days old) _y_ Tax Certification (Property taxes must be paid) X Consent(s) to Plat (Originals and notarized) X Sub. Improvements Agreement (attach collateral) X Parkland Cash -in -Lieu (check attached) X Covenants (Original signature provided) X Homeowners By-Laws/Articles of Incorporation (Originals) X Plats: 1 opaque cloth back (hard back) 2 mylar copies 3 bluelines 1 Plat must be signed by all owners of record, the surveyor and examining 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 shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final application must be submitted no less than 30 days prior to expiration date of preliminary plat. When all final plat materials are submitted to the F.R.D.O. 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 final 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 be not accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for F.R.D.O. staff to be present on the property for routine monitoring and inspection during the approval and development process. ' Owner(s) Signature Revised 10/30/97Is E Date V�4- ye �h�+acts & Ana 24, 1998 Flathead Regional Dev. Office 723 5th Avenue E . Kalispell, MT 59901 RE: Southfield Park Dear Sirs: APPLICATION MATERIAL jt: R lit t• i JUN 2 4 15 8 F. R. D. O. We are submitting the required documentation for final plat for your review, approval and processing. We have also submitted documentation to the City of Kalispell Public Works and also to the State Department of Health for main extension approval under the Certified Checklist procedure. Thank you for your help in this matter. In the event of any questions, please give us a call so we can respond immediately. S' c el , Thor A ckola, P.E. TAJ/se Enc. cc City of Kalispell Richard Dasen Mailing Address: P.O. Box 1134, Kalispell, MT 59903 phone (406) 755-3208 fax (406) 755-3218 Mr. Thor Jackola P.O. Box 1134 Kalispell, MT 59903 Subject: Access to Haven Property Via US 93 Dear Mr. Jackola: As we have discussed on several occasions, the access to the Haven property will be from 18"', which is a city street, the private road in the area where there is a current street by Lions Paxk,'and on 3'd which is also a city facility. We will continue to work with you and the:.'.'�, access throughout the development of the Ashley Creek to Kalispell project and with the Haven project planning. Sincerely. "ps P� R f A. DASEIM 400 W. VALLEY DRIVE KALISPELL, MT 59901 TELEPHONE: (406) 755-6864 June 3, 1998 State DEQ % Flathead County Health Department 723 5"' Avenue E. Kalispell, MT 59901 RE: Southfield Park, Parcel 2, N W 1/4, Section 20, T28N, R21 W, Flathead Colony, MT Dear Sirs: viis letter will authorize Jackola Engineering & Architecture, P.C. as designated agent to perform inspections and as-builts on the water, sewer, storm drainage and roads for the Southfield Park project. Sincerely, File No. FM-22372 Policy No. J-139532 SUBDIVISION OR PROPOSED SUBDIVISION FEE: $200.00 Subdivision Plat of Southfield Park •; • 1 • • • '.i 1 • IRV Richard A. Dasen FeOR THE PURPOSES OF AIDING ITS COMPLIANCE W17M FLATHEAD COUNTY SUBDIVISION REGULATIONS In a sum not exceeding $5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, Impart constructive notice of matters affecting the title to the lands described on the attached legal description: A tract of land located in the North Half of the Northwest Quarter of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described as follows: Commencing at the Northwest corner of Parcel 2 of Certificate of Survey No. 12140, records of Flathead County and which point is the intersection of the South right of way boundary of 18th Street and the East right of way boundary of U.S. Highway 93 and which point is the True Point of Beginning; thence South 33°0276" East, on and along said East right of way boundary of U.S. Highway 93, a distance of 688.39 feet to a point; thence North 63°14'05" East, and leaving said East right of way boundary, a distance of 270.51 feet to a point and which point is in the midst of a curve and which point lies on the West right of way boundary of 3rd Avenue East; thence Northwesterly, on and along said West right of way boundary and on a curve to the left (Delta = 21°53'14", Radius = 1392.50 feet and Radial Bearing = South 74°0341" West), an arc length of 531.94 feet to a point of compound curve; thence Westerly, on a curve to the left (Delta = 51°56'53", Radius = 55.00 feet and Radial Bearing = South 40°56'04" West), an arc length of 49.87 feet to a point of reverse curve; thence Southwesterly, on a curve to the right (Delta = 13°33'54", Radius = 559.88 feet and Radial Bearing = North 19"33'45" West), an arc length of 132.55 feet to a point of non -tangency and which point lies on said South right of way boundary of 18th Street; thence North 89°51'48" West, on and along said South right of way boundary, a distance of 202.29 feet to the True Point of Beginning. To Be Known as Subdivision Plat of Southfield Park. (1) Parties having record title Interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenue, and other easements offered for dedication by said Plat are: Richard A. Dasen (2) Parties holding liens or encumbrances on the title to said lands are: (3) Easements, claims of easements and restriction agreements of record are: A. Resolution for Designation of Limited Access Highway executed by the State Highway Commission, recorded October 25, 1991, as Doc. No. 91-298-15550, records of Flathead County, Montana. (Affects: Section 20 and other property) B. Resolution No. 1060A executed by the Flathead County Commissioners for an amendedment to the Kalispell City -County Master Plan by adding the Kalispell City Airport Neighborhood Plan as an Addendum, recorded February 6, 1995, as Doc. No. 95-037-08300, records of Flathead County, Montana. C. Ordinance No. 1242 for the approval of the Kalispell City AirportlAthletic Complex Redevelopment Plan, recorded December 31, 1996, as Doc. No. 96-366-14450, and recorded January 16, 1997, as Doc. No. 1997-016-14310, records of Flathead County, Montana. D. Right of Way for public utilities (if any) installed in any portion of Lion Park Street. We find the described property to be in City of KalispeR Fire District. DATED: May 27, 1998 at 8:00 a.m. Authorized Signatory Subscribed and Sworn to before me this day of , 19 . Notary Public for the State of Montana Residing at My commLsslon expires DEPA_.. MENT OF ENVIRONME . IAL QUALITY PERMITTING AND COMPLIANCE DIVISION MARC RACICOT, GOVERNOR METCALF BUILDING 1520 E SIXTH AVE - STATE OF MONTANA (406)444-3080 May 26, 1998 PO Box 200%1 FAX (406)444-1374 HELENA, MONTANA 59620-0901 JACKOLA ENGINEERING INC BOX 1134 KALISPELL MT 59903-1134 RE: Southfield Park Flathead County E.Q. #98-2579 Dear Mr. Jackola: This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliancewith the Sanitation in Subdivisions Act, Title 76, Chapter 4, MCA 1995, and the administrative rules, ARM Title 17, Chapter 36, Sub -Chapters 1, 3, & 6. Under 76-4-111 (3), MCA, this subdivision is not subject to The Sanitation in Subdivisions Act, and can be filed with the county clerk and recorder. Since this subdivision is in a master planned area, and has fulfilled the requirements of the master plan exclusion, the plat can be filed. Please note, however, the requirements of the Public Water Supply Act, Title 75, Chapter 6, MCA No construction of water supply or sewage disposal facilities can commence until the Department has approved plans for those facilities submitted under Title 75, Chapter 6, and ARM Title 17, Chapter 38, Sub -Chapter 4. Plans and specifications must be submitted when extensions of any system of water supply, water distribution, sewer, wastewater or sewage treatment or disposal is proposed. Construction prior to approval is prohibited, and is subject to the penalty prescribed in the Public Water Supply Act, Title 75, Chapter 6, Section 113, MCA. Where these plans have received approval from DEQ no further review is necessary. Where they have not received approval it is necessary to obtain approval prior to any construction. Sincerely, Mary oeder 11 Water Quality Specialist Subdivision Section Water Protection Bureau cc: City Engineer, City of Kalispell file AN EQUAL OPPORTUNITY EMPLOYER- MASTER PLAN EXEMPTION CERTIFICATION OF THE AVAILABILITY OF MUNICIPAL SERVICES In accordance with ARM 16.16.603, the following information is provided to the Department of Iiealth and Environmental Sciences for their consideration of the subdivision: 1. Name of Subdivision Southfield Park Location of Subdivision: (See attached location map) NW, NE } NW I Section Township_ Range 2 1 W 2. Name and Address of Applicant: p Ric b rr1 A i)aaPn 5r I 400 West Valley Dr. Kalis ell, MT 59901 3. Name and Address of Individuals) or -:Firm to Receive Correspondence: lia(:kc�l a fl i nP ri n _� Arr�tii tPc�f nrF+ p [` Rnsc 1 1 � d lispell, .,MT .59903-1 P134 -�y=� - „i�-�„�- ; Bo S77 `Try nl;s a 11 M 9903 }_.>:``: 4. A copy of the = 'preliminary plat is attached. x final plat 5. Number.of parcels in this subdivision: S 6. This property is within a B-2 zone. A copy of the zoning ordinance is attached. 7. The City of Kalispell hereby certifies that adequate municipal facilities are available (or will be within one year) to provide the following services to the subdivision: Crater Supply Sewage Disposal Solid Waste Disposal Yes x No Yes x No Yes x No MASTER PLAN FYEMPTION CERTIFICATI OF THE AVAILABILITY OF MUNICL SERVICES Page 2 - S. Method of financing extension of water and/or sewer mains: - A water main already exists in the right—of-way adjacent to this subdivision. No extension of a water main is required. The property owner will bear the -cost of water service line installation. `, A water main extension is required. The cost of the extension will be financed by -developer A sewer main already exists in the right—of—way adjacent to this subdivision. No extension of a sewer main is required. The property owner will bear the cost of sewer service line installation. J A sewer line extension is required. The cost of the extension will be financed by d _v la- e r 10. Cer(ified by: V.WJ.. , r