Staff Report/Final PlatSecondTri-City Planning Office
17
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricit 1centurytel.net
www.tricityplanning-mt.com
REPORT TO: Kalispell Mayor and City Council
FROM: Tom Jentz, Director
Chris A. Kukulski, City Manager
SUBJECT Final Plat for Three Mile Subdivision
MEETING BATE: August 16, 2004
BACKGROUND: This is a request from Tim Birk for final plat approval of Three
Mile Subdivision and Raven Rock Subdivision which plats 58 residential lots on
approximately 16.95 acres. This subdivision plats all the lots in both subdivisions as
a single subdivision to be known as Three Mile Subdivision. The property lies at the
northeast corner of North Riding Road and Three Mile Drive. Sunset Court was
extended to connected with the northeast corner of this subdivision and creates as
through connection to North Riding Road.
The zoning for these subdivisions is R-3, Urban Single Family Residential, and RA-1,
Low Density Residential Apartment. The R-3 portion of the subdivision contains
approximately 14 acres while RA-1 portion of the subdivision contains approximately
three acres. The RA-1 portion lies along the south boundary of the subdivision and is
intended to provide a buffer between Three Mile Drive and the single family homes to
the north.
Both of these subdivisions were approved in the early fall of last year within several
months of each other subject to conditions of approval. The required cash in lieu of
parkland dedication was submitted with the final plat application for both subdivision
in the total amount of $26,910 and that money will be used for improvements to
Sunset Park which adjoins this subdivision to the east.
In accordance with the conditions of approval, approximately two-thirds of the
required infrastructure has been completed and a subdivision improvements
agreement has been submitted with a letter of credit in the amount of 125 percent of
the cost of the remaining improvements with the final plat application.
Raven Rock property was annexed into the city and the subdivision given preliminary
plat approval by the Kalispell City Council on August 4, 2003. The Three Mile
Subdivision was annexed into the City and given preliminary plat approval by the
Kalispell City Council on November 3, 2003. Both were approved subject to conditions
via Resolutions 4822 and 4843.
Providing Community Planning Assistance To:
® City of Columbia Falls ® City of Kalispell ® City of Whitefish
Final Plat for Three Mile Subdivision
August 11, 2004
Page 2
COMMENDATION: A motion to accept the subdivision improvements agreement
and approve the final plat for Three Mile Drive would be in order.
ALTERNATIVES: As suggested by the City Council.
Respectfully submitted,
Narda A. V ilson Chris A. Kukulski
Senior Planner City Manager
Report compiled: August 11, 2004
Attachments: Letter of transmittal and attachments
Final plat application and supporting documents
Appendix - Page A-23
THIS AGREEMIENT, made and entered into this day of ,
19 by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the
First _,_.....Part and _ hereinafter referred to as the CITY, and
(Nanie of Developer)
aN test t) t U t t_
(Individual, Compan or Corporatio )
located at i✓ WSPM4L,
(Street Address/P. ®. Box) (City, County, State,Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
ITNESSE
THAT WHEREAS9 the Developer is the owner and developer of a new subdivision
known as -Llh
(Name of Su
located at
(Location of
and,
the City has conditioned it's
approval of the final plat of
,, upon the conditions as set forth
(Nance 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
$ I !y.
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
acceptable collateral as determined by the City Council, in the amount of
$ l 9 `q ! 4 Z 00 . 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, certifying
the following:
Page A-24 - Appendix
a. That the creditor guarantees funds in the sum of $ 15'61, 14!
the
estimated cost of, completing the required improvements in
(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
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 of
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 City,
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.
Appendix - Page A-25
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS, TO -WIT:
That the Developer shall provide for inspection of all required improvements by a registered
professional engineer before the Developer shall be released from the Subdivision Improvement
Agreement.
That if the City 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
will not construct any or all of the improvements in accordance with the specifications, or within
the required time limits, it may withdraw the collateral and employ such funds as may be necessary
to construct the improvement or improvements in accordance with the specifications. The unused
portions of the collateral shall be returned to the Developer or the crediting institution, as is
appropriate.
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and
year herein before written.
YR-01 x
(Title)
COUNTY OF
�a
On this _ day off us %_ ,_9' , before me, a Notary Public
for the State of Montana, personally appeared 1 l M D rW 2. 61 P-1< , known to
me to be the of , whose
name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this
day and year first above written.
Notary Public for the State of Montana
Residing at s
My Commission Expires O O%
MAYOR, CITY OF KALISPELL ATTEST:
u. •i
FINANCE DIRECTOR
COLLATERAL CALCULATION FOR THREEMILE SUBDIVISION
This agreement specifically includes the following improvements, their projected
construction completion
date and estimated construction costs.
Fd
CHECK
CONSTRUCTION
ESTIMATED
APPROPRIATE
COMPLETION
CONSTRUCTION
IMPROVEMENTS
BOX
DATE
COSTS
Street Grading/Paving
$58,947.00
Street Base
COMPLETE
7/4/2004
Sidewalks
$61,965.00
Curbs and Gutters
COMPLETE
8/1/2004
Sanitary Sewers
Mains
COMPLETE
7/4/2004
Other ( )
COMPLETE
7/4/2004
On -Site Sewage
NA
Facilities
Water Systems
Mains
COMPLETE
7/4/2004
Other ( )
COMPLETE
7/4/2004
On -Site Water Supply
NA
Water Storage Tanks
NA
Fire Hydrants
COMPLETE
7/4/2004
Storm Sewer or
Drainage Facilities
COMPLETE
7/4/2004
Street Signs
$650.00
Street Lighting
PAID
Street Monuments
NA
Survey Monument Boxes
COMPLETE
8/4/2004
Landscaping
$24,700.00
Other ( BIKE PATH)
$6,032.00
SUBTOTAL
$152,294.00
FEES
$3,020.00
TOTAL COSTS
$155,314.00
TOTAL COLLATERAL (TOTAL COSTS X 125%)
$194,142.50
Tri-City PlanningOffice
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel. net
August 11, 2004
Chris Kukulski, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59901
Re: Final Plat for Three Mile Subdivision
Dear Chris:
Our office has received an application from Tim Birk for final plat approval of Three
Mile Subdivision and Raven Rock Subdivision which plats 58 residential lots on
approximately 16.95 acres. This subdivision plats all the lots in both subdivisions as
a single subdivision to be known as Three Mile Subdivision. The property lies at the
northeast corner of North Riding Road and Three Mile Drive. Sunset Court was
extended to connected with the northeast corner of this subdivision and creates as
through connection to North Riding Road.
The zoning for these subdivisions is R-3, Urban Single Family Residential, and RA-1,
Low Density Residential Apartment. The R-3 portion of the subdivision contains
approximately 14 acres while RA-1 portion of the subdivision contains approximately
three acre. The RA-1 portion lies along the south boundary of the subdivision and is
intended to provide a buffer between Three Mile Drive and the single family homes to
the north.
Both of these subdivisions were approved in the early fall of last year within several
months of each other subject to conditions of approval. The required cash in lieu of
parkland dedication was submitted with the final plat application in the amount of
$26,910 and that money will be used for improvements to Sunset Park which adjoins
this subdivision to the east.
In accordance with the conditions of approval, approximately two-thirds of the
required infrastructure has been completed and a subdivision improvements
agreement has been submitted with a letter of credit in the amount of 125 percent of
the cost of the remaining improvements with the final plat application.
Raven Rock property was annexed into the city and the subdivision given preliminary
plat approval by the Kalispell City Council on August 4, 2003. The Three Mile
Subdivision was annexed into the City and given preliminary plat approval by the
Kalispell City Council on November 3, 2003. Both were approved subject to conditions
via Resolutions 4822 and 4843. The following is a list of the conditions of preliminary
Providing Community Planning Assistance To:
® City of Kalispell • City of Columbia Falls • City of Whitefish
Final Plat for Tbree Mile Subdivision
August 11, 2004
Page 2
preliminary plat approval for this subdivision and a discussion of how they have been
met or otherwise addressed.
'61617+ • 1•7 1 1-• -• :� •
Condition No. 1. Development of the subdivision shall be platted in substantial
compliance with the approved preliminary plat which governs the location of lots and
roadways within the subdivision except as modified by the conditions listed herein.
This condition has been met. The preliminary plat complies with the preliminary
plat which was submitted.
Condition No. 2. That the roadways serving the subdivision shall be constructed in
accordance with the adopted Design and Construction Standards for the City of
Kalispell for local streets.
This condition has been met or otherwise adequately addressed. Most of the
roadwork has been completed with the remaining worked covered under a
subdivision improvements agreement reviewed and approved by the Kalispell
Public Works Department and certified by a licensed engineer.
Condition No. 3. That a letter be obtained from the Kalispell Public Works
Department approving the plans and specifications for water, sewer and drainage
facilities for the subdivision.
This condition has been met. A letter from the Kalispell Public Works Department
approving the plans and specifications for the project has been submitted with
the final plat.
Condition No. 4. A letter from an engineer licensed in the State of Montana
certifying that the improvements have been installed according to the required
specifications shall be submitted at the time of final plat approval along with a letter
from the Kalispell Public Works Department stating that the required improvements
have been inspected and comply with the City standards.
This condition has been met. A certification from a licensed engineer and a letter
from the Kalispell Public Works Department has been submitted with the final
plat stating the work to date has been reviewed and complies with City standards
and the remaining working has been covered under an SIA.
Condition No. S. Development of the landscape boulevard with location of street
trees shall be placed in accordance with a plan approved by the Kalispell Parks and
Recreation director.
This condition has been met. A letter from the Kalispell Parks and Recreation
Department has been submitted with the final plat outlining a plan for
landscaping the boulevards. The landscaping is included in the SIA.
Final Plat for Three Mile Subdivision
August 11, 2004
Page 3
Condition No. 6. A storm water drainage plan which has been designed by an
engineer licensed in the State of Montana shall be prepared which complies with the
City's Design and Construction Standards and shall be reviewed and approved by the
Kalispell Public Works Department.
This condition has been met. A certification from a licensed engineer on the
stormwater plan has been submitted with the final plat application.
Condition No. 7. The proposed two accesses onto North Riding Road be
consolidated into one access that aligns with the undeveloped subdivision road that
lies immediately to the west in Northview Subdivision.
This condition has been met. The two accesses onto North Riding Road have
been consolidated into one access and the lots reconfigured.
Condition No. S. That secondary access be coordinated through the Kalispell Fire
Department and that a letter approving the access be submitted with the final plat.
The fire access and suppression system shall comply with the Uniform Fire Code and
a letter from the Kalispell Fire Department approving the primary and secondary
access as well number, placement and fire flows for fire hydrants within the
subdivision shall be submitted with the final plat. The fire access and suppression
system shall be installed and approved by the Fire Department prior to final plat
approval. Any necessary easements, agreements or permits required for secondary
access shall be submitted with the final plat.
This condition has been met. A letter from the Fire Department has been
submitted with the final plat approving the fire access and suppression system.
Secondary access from the site was not needed with this subdivision was merged
with the subdivision to the east, Three Mile Subdivision, which provides
secondary access via a City street.
Condition No. 9. That a minimum 20-foot buffer strip shall be established between
Three Mile Drive and the subdivision that would include a bike and pedestrian trail
and buffering in the form of berming or landscaping or both. These improvements are
to be coordinated with the Kalispell Public Works Department, Parks and Recreation
Department and Montana Department of Transportation.
This condition has been adequately addressed. The landscaping and bike trail
has been included in the subdivision improvements agreement.
Condition No. 10. The road within the subdivision shall be named and signed in
accordance with the policies of the Kalispell Public Works Department and the
Uniform Traffic Control Devices Manual and be subject to review and approval of the
Kalispell Fire Department.
Final Plat for Three Mile Subdivision
August 11, 2004
Page 4
This condition has been adequately addressed. The street signs have been
included in the subdivision improvements agreement.
Condition No. 11. The developer shall provide a letter from the U.S. Postal Service
approving the plan for mail service.
This condition has been met. A letter from the USPS has been submitted with the
final plat designating and approving an appropriate mailbox location.
Condition No. 12. That the parkland dedication requirements shall be met by paying
cash in lieu of parkland dedication in the amount one -ninth or 11 percent of the area
in lots or 0.70 acres. The cash in lieu of parkland dedication shall be based on the
purchase price of $18,000 and the amount to be paid at the time of final plat approval
shall be $12,600.
This condition has been met. The cash in lieu of parkland dedication was paid at
the time the final plat application was submitted.
Condition No. 13. Street lighting shall be located within the subdivision and shall be
shielded so that it does not intrude unnecessarily onto adjoining properties.
This condition has been adequately addressed. The lighting has been includedin
the subdivision improvements agreement.
Condition No. 1. That the lots within the subdivision be reconfigured so that all lots
meet the minimum 50-foot lot width requirements of the R-3 and RA-1 zoning districts
and the minimum lot size requirements of 6,000 square feet exclusive of any
easements.
This condition has been met. The lots within the subdivision comply with the
zoning for the property.
Condition No. 15. That a minimum of two-thirds of the necessary infrastructure for
each phase of the subdivision shall be completed prior to final plat submittal. With
the filing of the final plat for each phase, an additional three-year extension shall be
automatically granted for subsequent phases.
This condition has been met. Most of the infrastructure for the subdivision has
been completed and the remaining improvements have been included in a
subdivision improvements agreement.
Condition No. 16. All areas disturbed during development of the subdivision shall be
re -vegetated with a weed -free mix immediately after development.
This condition has been adequately addressed. The revegetation of disturbed
areas has been included in the subdivision improvements agreement.
Final Plat for Three Mile Subdivision
August 11, 2004
Page 5
Condition No. 17. That preliminary approval shall be valid for a period of three years
from the date of approval.
4 This condition has been met. The final plat was submitted prior to expiration.
Condition No. 1. Development of the subdivision shall be platted in substantial
compliance with the approved preliminary plat which governs the location of lots and
roadways within the subdivision except as modified by the conditions listed herein.
(Kalispell Sub. Regs. Appendix C - Final Plat I(A) Contents of Final Plat).
This condition has been met. The final plat complies with the preliminary plat
that was approved.
Condition No. 2. Because the Raven Rock subdivision lying on the west side of this
subdivision has only been granted preliminary plat approval and this subdivision
depends on the access road through Raven Rock to North Riding Road for westerly
access out of the Three Mile Subdivision, if Three Mile Subdivision is developed before
Raven Rock, the internal road for Three Mile shall be extended all the way over to
access North Riding Road. (Fire Marshall - Site Review).
This condition has been met. The two subdivisions were constructed
concurrently with an interconnected road system.
Condition No. 3. That the roadways serving the subdivision shall be constructed in
accordance with the adopted Design and Construction Standards for the City of
Kalispell for local streets. Note that a hammer -head turn around is allowed in the cul-
de-sac location as an interim measure until Lot 17 is developed. (Kalispell Sub. Regs.
Section 3.01 & 3.O9A).
This subdivision has been met. Most of the improvements have been completed
and certified by a licensed engineer and reviewed by the Kalispell Public Works
Department for compliance. The remaining roadway improvements have been
included in a subdivision improvements agreement.
Condition No. 4. That a letter be obtained from the Kalispell Public Works
Department approving the plans and specifications for water, sewer and drainage
facilities for the subdivision. (Kalispell Sub. Regs. Section 3.12 - 3.15).
This condition has been met. A letter from the Kalispell Public Works Department
approving the plans and specifications for the subdivision has been submitted
with the final plat application.
Final Plat for Three Mile Subdivision
August 11, 2004
Page 6
Condition No. S. A letter from an engineer licensed in the State of Montana
certifying that the improvements have been installed according to the required
specifications shall be submitted at the time of final plat approval along with a letter
from the Kalispell Public Works Department stating that the required improvements
have been inspected and comply with the City standards. (Kalispell Sub Regs. Sections
3.09, 3.11 - 3.15).
® This condition has been met. A certification from a licensed engineer along with a
review letter from the Kalispell Public Works Department has been submitted
with the final plat application stating the improvements to date have been
installed in accordance with City plans and specifications. The remaining
improvements are covered under a subdivision improvements agreement.
Condition No. 6. Development of the landscape boulevard with location of street
trees shall be placed in accordance with a plan approved by the Kalispell Parks and
Recreation Director. (Site Review).
® This condition has been adequately addressed. A plan for landscaping the
boulevard has been reviewed and approved by the Parks and Recreation Director
and the work included in the subdivision improvements agreement.
Condition No. 7. The applicant shall acquire an easement from the City of Kalispell
to extend a portion of the access road from Sunset Court south across Sunset Park so
that the applicant can develop a reasonable road alignment for his internal
subdivision road. (Note, it is recommended that the applicant negotiate with the
owner of Lot 6, Block 7 of Sunset Addition to improve the road alignment off of Sunset
Court cul-de-sac and reduce the need to encroach into Sunset Park.)
(Recommendation of the Parks Director and Site Review Committee).
® This condition has been met. An agreement between the City of Kalispell Parks
and Recreation Director and the developer has been executed and notarized and
the street will be dedicated to the City upon completion and acceptance.
Condition No. 8. A storm water drainage plan which has been designed by an
engineer licensed in the State of Montana shall be prepared which complies with the
City's Design and Construction Standards and shall be reviewed and approved by the
Kalispell Public Works Department. (Kalispell Sub. Regs. Section 3.12 A).
This condition has been met. A letter from the Kalispell Public Works Department
has been submitted approving the plans for the subdivision along with
certifications from a licensed engineer.
Condition No. 9. The fire access and suppression system shall comply with the
Uniform Fire Code and a letter from the Kalispell Fire Department approving the
access and placement of fire hydrants and fire flows within the subdivision shall be
submitted with the final plat. The fire access and suppression system shall be
Final Plat for Three Mile Subdivision
August 11, 2004
Page 7
installed and approved by the Fire Department prior to final plat approval. (Uniform
Fire Code).
This condition has been met. A letter from the Kalispell Fire Department
approving the fire access and suppression system has been submitted with the
final plat application.
Condition No. 10. That a minimum 20-foot buffer strip shall be established between
Three Mile Drive and the subdivision that would include a bike and pedestrian trail
and buffering in the form of berming or landscaping or both to coordinate and connect
with the plan for Raven Rock. These improvements are to be coordinated with the
Kalispell Public Works Department, Parks and Recreation Department and Montana
Department of Transportation. (Kalispell Sub. Regs. Section 3.06J, 3.09E, 3.11).
This condition has been adequately addressed. A plan for landscaping and
berming has been developed and approved and the work included in the
subdivision improvements agreement.
Condition No. 11. A pedestrian easement and trail shall be provided from the end of
the proposed cul-de-sac extending southerly intersecting the proposed trail described
in Condition # 10 above. (Kalispell Sub. Regs. Section 3.09E, 3.11).
This condition has been adequately addressed. This subdivision no longer ends
in a cul-de-sac and has been connected with the subdivision to the west which
has a sidewalk system.
Condition No. 12. The road within the subdivision shall be named and signed in
accordance with the policies of the Kalispell Public Works Department and the
Uniform Traffic Control Devices Manual and be subject to review and approval of the
Kalispell Fire Department. (Kalispell Sub Regs. Sections 3.09 K(7) & M).
This condition has been adequately addressed. The street signs have been
included in the subdivision improvements agreement.
Condition No. 13. The developer shall provide a letter from the U.S. Postal Service
approving the plan for mail service. (Kalispell Sub. Regs. Section 3.22).
This condition has been met. A letter from the USPS has been submitted with the
final plat designating and approving an appropriation mailbox location.
Condition No. 14. That the parkland dedication requirements shall be met by paying
cash -in -lieu of parkland dedication in the amount one -ninth or 11 percent of the area
in lots or approximately 7.23 acres. This calculates to $14,310 for cash -in -lieu of
parkland dedication based on a purchase price of $18,000 / acre. (Kalispell Sub. Regs.
Section 3.19 (A)).
Final Plat for Three Mile Subdivision
August 11, 2004
Page 8
® This condition has been met. The cash in lieu of parkland dedication was
submitted at the time of final plat submittal and the money will be used for
improvements to Sunset Park which lies directly to the east of this property.
Condition No. 15. Street lighting shall be located within the subdivision and shall be
shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell
Sub. Regs. Section 3.09 (L)).
® This condition has been adequately addressed. The street lighting has been
included in the subdivision improvements agreement.
Condition No. 16. That a minimum of two-thirds of the necessary infrastructure for
each phase of the subdivision shall be completed prior to final plat submittal. With
the filing of the final plat for each phase, an additional three-year extension shall be
automatically granted for subsequent phases. (Site review).
® This condition has been met. Most of the improvements have been completed and
certified with the remaining improvements included in a subdivision
improvements agreement.
Condition No. 17. All areas disturbed during development of the subdivision shall be
re -vegetated with a weed -free mix immediately after development. (Kalispell Sub. Regs.
Section 3.13).
® This condition has been adequately addressed. The revegetation of disturbed
areas has been included in the subdivision improvements agreement.
Condition No. 18. That -preliminary approval shall be valid for a period of three years
from the date of approval. (Kalispell Sub. Regs. Section 2.04 (E)(7)).
® This condition has been met. The final plat for this subdivision has been
submitted prior to expiration.
COMPLIANCE WITH APPROVED PRELIMINARY PLAT
The final plat is in substantial compliance with the preliminary plats which were
approved on August 4, 2003 and November 2, 2003.
COMPLIANCE WITH THE SUBDIVISION GULATIONS:
This subdivision plat has been found to be in compliance with the State and City
Subdivision Regulations.
Final Plat for Three Mile Subdivision
August 11, 2004
Page 9
This subdivision can be found to be in compliance with the Kalispell Zoning Ordinance
and the R-3, Urban Single Family Residential, and RA-1, Low Density Residential
Apartment, zoning designations for the property which governs the dimensional
requirements of the lots within the subdivision and well as the uses.
All of the conditions of preliminary plat approval have been met or otherwise
adequately addressed. Staff would recommend that the Kalispell City Council approve
the final plat for the subdivision and accept the subdivision improvements agreement
as submitted. Please schedule this matter for the regular city council meeting of
August 16, 2004.
Sincerely,
Narda A. ilson
Senior Planner
NW/
Attachments: Vicinity map
1 opaque mylars of final plat
1 reproducible mylar of final plat
1 copy of final plat
Ltr from Birk Engineering and Construction dated 8/9/04
Final plat application dated 8 / 9 / 04
Ltr from Kalispell Public Works dated 3/5/04
Ltr from MDEQ dated 3/9/04
Ltr from MDEQ dated 3 / 10 / 04
Agreement with Kalispell Parks and Rec dated 8/9/04
Agreement with Parks and Rec dated 8 / 9 / 04
Agreement with Parks and Rec dated 8/9/04
Agreement with Parks and Rec dated 8/9/04
Ltr from Kalispell Fire Dept dated 8/ 10/04
Letter from Kalispell Public Works dated 8/ 10/04
Ltr from USPS dated 8/4/04
Certification from Birk Engineering dated 8/ 10/04
Subdivision improvements agreement
Ltr of credit from Glacier Bank dated 8/9/04
Treasurers Certification dated 8/6/04
Final Plat for Three Mile Subdivision
August 11, 2004
Page 10
Title report dated 6/4/04
Consent to plat from Glacier Bank 8 / 9 / 04
Cash in lieu of parkland check for $26,910
Reduced final plat
c: Tim Birk, 2239 Lower Valley Rod, Kalispell, MT 59901
Theresa White, Kalispell City Clerk
Birk Envineerino and Construction,
B
2302 Huy 2 East
Suite #9
Kalispell, MT 59901
Phone (406) 756-2323
Fax (406) 756-2324
Email birkG igisys.net
August 9, 2004
City Council of Kalispell, Montana
312 1st Ave. East
Kalispell, MT 59901
Subject: Three Mile Subdivision Improvements Agreement
Conditions of Plat Approval
The Honorable Mayor and Council Members,
The developer of the Three Mile Subdivision petitions the Council for final plat approval of the
subdivision. A Subdivision Improvements Agreement and Completion Bond are included to
guarantee completion of all improvements.
The final plat encompasses the preliminary plat of Three Mile subdivision and Raven Rock
subdivision. These preliminary plats were combined by the developer under coordination with
the Tri-City Planning Office. The following addresses each of the conditions of approval and
how the condition has been met. This will itemize the conditions as listed for Three Mile
subdivision with the corresponding item number for Raven Rock noted.
Item #1(Item #1Raven Rock) The final plat substantially conforms to the preliminary plat. The
final plat eliminates the proposed cul-de-sacs by looping the roads throughout and reduces the
total number of approved lots to 58.
Item #2 The two plats are being developed simultaneously so this condition is met as it applies.
Item #3(Item #2 Raven Rock) This condition is met. Road construction is in conformance with
the City Standards and specifically Standard Drawing SD-2.
Item #4(Item #3 Raven Rock) This condition is met. A copy of the letter from the Public Works
Department is attached.
Item #5(Item #4Raven Rock) This condition is met. A letter from the project engineer is
attached and a letter from the Public Works Department will be obtained and provided to the
Council after completion of all improvements and prior to petition for release of the Completion
Bond.
Item #6(Item #5 Raven Rock) This condition is met. A letter from the Kalispell Parks and
Recreation Director approving the plan is attached. The estimated cost of completion is
included in the Completion Bond.
Item #7 This condition is met. A letter from the Kalispell Parks and Recreation Director
approving the easement is attached. A letter from the Public Works Department will be obtained
and provided to the Council after completion of all improvements and prior to petition for
release of the Completion Bond.
Item #8(Item #6 Raven Rock) This condition is met. The storm water drainage plan was a part
of the plans approved by the Kalispell Public Works Department and the DEQ.
Item #7 (Raven Rock) This condition is met. There is a single access from the subdivision onto
North Riding Road.
Item #9 (Item #8 Raven Rock) This condition is met. Fire access and suppression systems are in
place. Secondary access to the proposed Raven Rock is met by the Three Mile access to Sunset
Ct.. An approval letter from the Fire Department is attached.
Item #10(Item #9 Raven Rock) This condition is met. A letter from the Kalispell Parks and
Recreation Director approving the plan is attached. A letter from the Public Works Department
will be obtained and provided to the Council after completion of all improvements and prior to
petition for release of the Completion Bond. The City has indicated that the Montana
Department of Transportation does not have jurisdiction on this condition. The estimated cost of
completion is included in the Completion Bond.
Item # 11 This condition is met and approval is noted in the letter from the Kalispell Parks and
Recreation Director. The cul-de-sac has been eliminated from the plat.
Item #12(Item #10 Raven Rock) This condition is met. Road signage is included in the
subdivision improvements agreement and upon the Fire Department's approval a letter will be
provided to the Council.
Item #13(Item #11 Raven Rock) This condition is met. A letter from the USPS is attached.
Item #14(Item #12 Raven Rock) This condition is met. The cash in lieu of park land fee has
been paid.
Item #15(Item #13 Raven Rock) This condition is met. The street lights have been purchased
and FEC is under contract to install them.
Item #16(ltem #15 Raven Rock) This condition is met. Total cost of improvements is estimated
to be $555,000.00. $399,500.00 worth of these improvements have been completed to date for
72% of completion.
Item #17(Item #16 Raven Rock) This condition is met. A reseeding plan has been approved by
the Kalispell Parks and Recreation Director. The estimated cost of this is included in the
Completion Bond.
Item #18(Item #17 Raven Rock) This condition is met. Dates of Preliminary Plat approval for
Three Mile and Raven Rock were November 3, 2003 and August 4, 2003, respectively.
Please contact me if you have any questions or require any additional information.
Sincerely
Bret P.
e ,
T City of Kalispell Public Works Department
v F,
Post Office Box 1997, Kalispell, Montana. 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
March 5, 2004
Bret A. Birk, P.E.
2302 Hwy 2 East, Ste. #9
Kalispell, MT 59901
RE: Three Mile Subdivision
Dear Mr. Birk,
We have reviewed the plans for the referenced project submitted to our office. The
plans are approved with the following comment to be addressed prior to construction:
1. Handicapped ramps shall be placed on opposite sides of the streets from the ramps
shown.
If you have any questions, please do not hesitate to contact this office.
Sincerely,
a ao�k—
Frank Castles, P.E.
Assistant City Engineer
City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana. 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
March 5, 2004
Dick Montgomery, P.E.
Environmental Health Services
Flathead City -County Health Department
1035 First Avenue West
Kalispell, Mt. 59901
Re: Three Mile Subdivision
Kalispell, Montana
Dear Dick,
This letter is to confirm that the City of Kalispell has reviewed and approved the
construction plans and specifications prepared by Bret A. Birk, P.E., for the referenced
project. The Kalispell water and sanitary sewer systems have adequate capacity to
serve the project.
If you have any questions, please do not hesitate to contact this office.
Since ly,
Frank Castles, P.E.
Assistant City Engineer
cc: Bret A. Birk, P.E.
Montana Department of
JUNVMONMEWAL Q
Judy Martz, Governor
P.O. Box 200901 • Helena, MT 59620-0901 • (406) 444-2544 • www.deq.state.mt.us
March 9, 2004
Bret Birk
Birk Engineering and Construction
2302 Hwy 2 East Suite #9
Kalispell MT 59901
Dear Mr Birk:
RE: Three Mile Subdivision
Municipal Facilities Exclusion
EQ#04-2281
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. 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.
This file has been mailed to Public Water Supply, Kalispell Office.
Sincerely,
Janet Skaarland
Compliance Technician
Subdivision Section
Water Protection Bureau
(406) 444-1801— email jskaarland@state.mt.us
cc: City Engineer
County Sanitarian
file
Centralized Services Division • Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division
Montana Department of
� N moNmiENTALUAu[TY Judy Martz, Governor
109 Cooperative Way • Suite 105 • Kalispell, MT 59901-2389 • (406) 755-8985 • FAX (406) 755-8977
Bret A. Birk, P.E.
Birk Engineering
2302 Highway 2 East
Kalispell, MT 59901
March 10, 2004
RE: Three Mile Subdivision Water & Sewer Extensions, EQ#04-2281
Dear Mr. Birk:
Plans and specifications for the above -referenced project have been reviewed by personnel with
the Permitting & Compliance Division utilizing the certified checklist procedure. The plans and
specifications are hereby approved. One set of plans and specifications bearing the approval
stamp of the Department of Environmental Quality is enclosed.
Approval is based on plans and specifications received March 8, 2004 under the seal of. Bret A.
Birk, P.E. # 10408PE.
Approval is also given with the understanding that any deviation from the approved plans and
specifications will be submitted to the Department for reappraisal and approval. Within 90 days
after the project has been completed the project engineer shall certify to the Department that the
project was inspected and found to be installed in accordance with the plans and specifications
approved by the Department. This certification shall be accompanied by a set of "as -built" record
drawings signed by the project engineer.
It is further understood that construction will be completed within three years of this date. If
more than three years elapse before completing construction, plans and specifications must be
resubmitted and approved before construction begins. This three-year expiration period does not
extend any compliance schedule requirements pursuant to a Department enforcement action
against a public water or sewage system.
Please be aware that this project may need a storm water general permit. Please contact the
Water Protection Bureau at 406-444-3080 for more information.
4SincereI ,
alter er, Environmental Engineer Specialist
Public ter Supply Section
Public Water Supply and Subdivisions Bureau
cc: Tim Birk
City of Kalispell, Department of Public Works
Flathead County Sanitarian
File
Centralized Services Division • Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division
Developer, Three Mile Drive Subdivisior,
239 Lower Valley Road
.alispell, MT 59901
,ugust 2, 2004
It. Ke Baker, Director
,alispell Parks and Recreation
Ity Hall
,alispell, MT 59901
)ear Mr. Baker:
*his is a letter of understanding between myself as developer of Three Mile Subdivision and Mr. Baker,
)irector of the Kalispell Parks and Recreation Department.
i consideration of work to be done for the Kalispell Parks Dept., Sunset Court will be extended over city
ark property as shown in the attached plat.
'he eD#ru-r-Q-a-d)system Sunset Court to Sunset Vista, will be deeded to the City upon final plat.
'ini-Birk, Owner, Three Mile rive Subdivision
'tate of
,ounty of d
)ate
M d or attested before me on g a Zd by (name of person)
R `- (L
Seal)
I NotaryNotaryPublic for
S at,
Residing at
My -commission expires:
Aikb Bake1r, ETRector of Kalispell Parks and Recreation Dept.
hate of Mmt+O'V�'.
,ounty of f o'e-0-
)ate S21 q 7-ob 4
�i`KcL L OaS<t�
of Montana
>iqned or attested before me on Oq )ZMby (name of person) Ou ke- Rn. IL
Seal)
C-P
Notary Public for the State of Montana
Residing at
My commission expires: --1 a -- 7-00 G
Tim Birk, Three Mile Drive Subdivision
2239 Lower Valley Road
Kalispell, MT 59901
August 2, 2004
Mr. Mike Baker, Director
Kalispell Parks and Recreation
City Hall
Kalispell, MT 59901
RE: Reseeding of Disturbed Soils.
This is a letter of understanding between Tim Birk, Developer of Three Mile Subdivision and Mr. Mike
Baker, Director of the Kalispell Parks and Recreation Department.
Reseeding of all disturbed areas not scheduled to be built on this fall will be completed by September
30, 2094-----,-,
Mile Subdivision
State of At8Iv&a-AIIa
County of F (!2� d
Date
Signed or attested before me on 4 by (name of person) vv\
(Seal),
ssr
No6ry Public or the State of Montana
Residing at
My commission e�pires:
Mike- 960&, Director of Kalispell Parks and Recreation Dept.
State of
County of -4Lo,,�-aA
Date '9 q -,7X 4
Signed or attested before me on by (name of person) VWL ke-
(Seal)''
(74kOA Cap
No Public for the State of Monfana
Residing at bi
My commission expires: S-IS-Z&O(p
q! ' Birk, Developer, Three Mile Drive Subdivision
i4` , Lower Valley Road
(alispell, MT 59901
august 2, 2004
Or. Mike Baker, Director
(alispell Parks and Recreation
,ity Hall
(alispell, MT 59901
RE: Boulevard Tree Plan
- - •• • -- '` -•: • •• •' • `, ill 11 • •• - r ••' •
the developer intends to place these trees as soon as purchasers of these lots establish a location on the
)oulevard that will work for each new property owner.
the trees selected for placement are the type listed in the Kalispell
)irectory of approved trees listed in the city tree ordinance.
fim Birk, Owner, Three Mile Drive Subidivision
State of
-Pounty of
)ate 8--9 -2664
Signed or attested before me on
by (name of person)
Seal) -C& ffC�tTb�CK c L 0--�LS t
SGC
N ary Public f r the tate of Montana
Residing at i
My commission a ires:
kTdI9Rr:-W.1Y=.-
Page 2
Mike Baker, Director of Kalispell Parks and Re--cTeation Dept.
I
State of
County J F I gAz a d
Date
I A
Signed or attested before me on by (name of person). ti -P—r
One IIII
I wari
L t'm cjg L 3 5s�` �
ri, 'irk, Developer, Three Mile Drive Subdivision
>4Lower Valley Road
Calispell, MT 59901
kugust 2, 2004
Ar. Mike Baker, Director
Calispell Parks and Recreation
.ity Hall
Calispeli, MT 59901
Phis is a letter of understanding between myself, as developer of Three Mile Subdivision and Mr. Baker,
Director of the Kalispell Parks and Recreation Department.
three Mile Development is constructing a bike path along Three Mile Drive. This bike path will extend from
he east property boundary to North Riding Road on the west boundary of this development
Phis bike path will be an 8 feet wide asphalt path. The pathway will be landscaped with the same type of
rees required in the boulevard areas. The grass areas will be hydro -seeded. The west end of this bike path
yF" iquire a switch back to the grade of the existing roadway. This switch back will not exceed a grade of
'A.
the termination of this path at North Riding Road will be coordinated with Mike Frasier of TD & H, to meet
heir projected curb elevation.
Jn t nd of the bike path, a right angle turn on the path will indicate the termination of this path.
im Birk, Owner, Three Mile Drive Subidivision
State of
county of 19- kka d
)ate 8 - a -'zda -Lf
Signed or attested before me on g R n o _ by (name of person) W\ i (t�
;Seal)
Notary Public for Ole State of Montana
Residing at YN'T
My commission expires: 3-19 -- z DO
e�
c y
Mr. Mike Baker
Page 2
August 2, 2004
Mike Bake ,Director Dept.
State of
County of
Date q
Signed or attested before me on 919 12�86 by (name of person)
I
LCrss; (
KALISPELL FIRE DEPARTMENT
Randy Brodehl - Fire Chief
Jim Stewart - Assistant ChiefTrevention
Dee McCluskey — Assistant Chief/Operations
August 10, 2004
Tim Burk
2239 Lower Valley Road
Kalispell, MT 59901
Re: Final plat approval — Three Mile Subdivision
Dear Mr. Birk,
312 First Avenue East
Kalispell, Montana 59901
(406) 758-7760
FAX: (406) 758-7952
In response to your request for final plat approval of the above -reference project, we have
the following information.
Fire hydrant locations and fire department access are approved by this department.
Street name signs must be installed prior to proceeding with combustible
construction.
Please contact me if you have any questions.
Sincerely,
F. Ray Ruffatto
Fire Inspector, Prevention Division
Kalispell Fire Department
ec: Narda Wilson, Tri-City Planning Office
"Assisting our community in reducing, preventing, and mitigating emergencies. "
r-' City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
August 10, 2004
Timothy R. Birk
2239 Lower Valley Road
Kalispell, Montana 59901
Re: Three Mile Subdivision
Dear Mr. Birk:
The City of Kalispell Public Works Department hereby approves the existing, completed improvements
except those listed in the Subdivision Improvement Agreement, Exhibit B, for the referenced subdivision.
Approval by the City of Kalispell for the City owned and maintained improvements is granted based on
the following:
1. Birk Engineering and Construction, Inc.'s letter, certifying that the improvements within the
referenced subdivision have been inspected and installed in accordance with the City of Kalispell
standards and the approved plans and specifications.
2. Our video records of the sanitary sewer system.
3. Receipt of a Subdivision Improvement Agreement which contains the total estimated construction
costs plus 25 percent covering the estimated costs for the remaining street grading/paving,
sidewalks, street signs, landscaping, and bike path. The Subdivision Improvement Agreement is
certified by Bret A. Birk, P.E., to being an accurate accounting of anticipated costs for the
remaining improvements.
The one year warranty period for the City owned and maintained existing, completed improvements will
commence on August 9, 2004. The one year warranty period for the remaining construction will
commence upon acceptance by the City of the completed constructed improvements in accordance with
approved plans and specifications.
If you have any questions, please do not hesitate to contact this office.
Sin ,
Frank Castles; P.E.
Assistant City Engineer
Cc: Narda Wilson, Senior Planner
Tri-City Planning Office
UNITED STATES
POSTAL SERVICE
350 N MERIDIAN RD
KALISPELL, MT 59901-9998
Mr. Tim Burke
2239 Lower Valley Road
Kalispell, MT 59901
RE: Three Mile Subdivision
Dear Mr. Burke:
I approve delivery for the Cluster Box Units (CBU's) in a turn -out format as indicated
on the attached plat map. The developer will provide the cement pad. The Post
Office will supply the CBU's. If you have any questions, you may contact me at
755-6450.
Sincerely,
Pennie Ulvila
Carrier Supervisor
PU:maa
Attachment
RECEIVED
Birk Envineerins and Construction, Inc. AUG 10 2004
TRI-Crry PLMNING OFFICE2302 Hv 2 Et
Suite #9
Kalispell, MT 59901
Phone (406) 756-2323
Fax (406) 756-2324
E-Twil birk@digisysmet
August 10, 2004
Frank Castles, P.E.
City of Kalispell
Public Works Department
PO Box 1997
Kalispell, MT 59903
Subject: Three Mile Subdivision Improvements
Dear Mr. Castles
All required improvements including water, sewer, and storm water management improvements
as well as road, curb, and dry utilities for the above referenced subdivision have been completed
in substantial conformance with the approved plans. Pressure and leak testing were completed
on the water and sewer in June and July as well as chlorination of the water system. A passing
bacteriological test report has been provided.
The work on the subdivision is more than 2/3 complete and a completion bond has been
provided to the City to guarantee completion of work remaining, per the City Council's
conditions of preliminary plat approval.
Please contact me if you have any questions or require any additional information.
ret WSincerely
A-PfE. 0 T�' '—"A Ai
.4
P R FIF A
C: Tri-city Planning Office
Owner
LP
\BANKER
1116-4
1• �: •
City of Kalispell Letter of Credit No. 1-04-229
PO Box 1997 Date: August 9, 2004
Kalispell, MT 59901 Expiration Date: August 9, 2005
Amount: $194,142.50
We hereby establish in your favor an irrevocable letter of credit up to the
aggregate amount of One Hundred Ninety Four Thousand One Hundred Forty
Two and 50/100 U.S. Dollars ($194,142.50) at the request of Tim Birk for his
project on Three Mile Drive.
If Tim Birk fails to complete the specified improvements in the subdivision off
Three Mile Drive within the time period set forth in the attached Improvements
Agreement, we will pay on demand your draft or drafts for such funds, to the limit
of credit set forth herein, as are required to complete said improvements. All
drafts must indicate the number and date of this letter of credit and be
accompanied by a signed statement of an authorized official that the amount is
drawn to install improvements not installed in conformance with the
Improvements Agreement and specifying the default or defect in question.
All drafts must be presented prior to the expiration date stated above, and this
letter of credit must accompany the final draft for payment.
This letter may not be withdrawn or reduced in any amount prior to its expiration
date except by your draft or written release.
Unless otherwise stated, this Letter of Credit is subject to the Uniform Customs
and Practices for Commercial Documentary Credit (1983 Revision) International
Chamber of Commerce.
Dave McNutt
Vice President
DM/sks
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VICINITY MAP
TIM BIRK
FINAL PLAT OF THREE MILE SUBDIVISION
A 58 LOT RESIDENTIAL SUBDIVISION
ON 17 ACRES
FILE# KFP-04-12 PLOT DATE: a"�
SCALE 1" = 350' ".AgWorbeWP°4—'z-0%A9