Staff Report/Final Plat`-otai 414
Montana 5990
Phone: (406) 758-5980
Fax: (406) 758-5781
February 11, 1998
Clarence Krepps, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59901
RE: Final Plat Approval for Tire Rama Subdivision
Dear Clarence:
Our office has received an application from the Jackola Engineering for final plat
approval for the above referenced subdivision. This is a two lot commercial subdivision
located on the east side of Highway 93 South and south of First Avenue East in
Kalispell. The property is zoned B-2, a General Commercial zoning district with a
minimum lot size requirement of 7,000 square feet. The property can be described as
Assessor's Tract 5XA located in Section 17, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana.
Our office waived the preliminary plat subject to five conditions on October 24, 1997
because it has been found that the subdivision can meet the criteria for preliminary plat
approval waiver as outlined in Section 2.06 of the Kalispell Subdivision Regulations.
Specifically, it can be found that the following conditions exist::
1. The plat contains five or fewer lots.
2. There is no public dedication of streets or public or private parkland.
3. All lots have legal and physical access conforming to the subdivision regulations.
4. Each lot has a suitable building site and there are no environmental hazards
present.
5. Municipal sewer and water are adequate and in place.
6. The subdivision complies with the subdivision regulations and current zoning
regulations
7. No significant effects are anticipated on agriculture and agricultural water user
facilities, local services, the natural environment, wildlife and wildlife habitat and
the public health and safety.
The City Council will need to adopt findings of fact for approval found in attached staff
report KWP98-1 concurrent with the final plat approval. The following is a list of the
conditions of approval and a discussion of how they have been met.
• ,# • • • • •
Condition No. 1. That an approach permit be obtained for the City of Kalispell Public
Works Department for the approach onto First Avenue East.
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Final Plat for Tire Rama Subdivision
February 11, 1998
Page 2
This condition has been adequately addressed. 'Me existing approach onto First
Avenue East was reviewed and approved by the Public Works Department during
the construction of the Tire Rama building and is adequate to accommodate any
activity associated with the development of the second lot on the site.
Condition No. 2. That a storm water drainage plan be reviewed and approved by the
Kalispell Public Works Department.
This condition has been adequately addressed. The developers of this site have
hooked up to the storm water drainage system in the are with the approval of the
Kalispell Public Works Department.
Condition No. 3. That an additional five beet be added to the utility easement to
accommodate existing utilities on the property.
0 This condition has been met. The easement has been indicated on the final plat in
compliance with this condition.
Condition No. 4. Obtain a Certificate of Subdivision Approval from the Department of
Environmental Quality for water and sewer facilities.
This condition has been met. A letter from MDEQ dated l/ 12/98 states that the
subdivision is in compliance with the Sanitation in Subdivisions Act has been met
because it is in a master planned area and fulfills the master plan exclusion.
Condition No. S. This waiver of preliminary plat approval is valid for a period of three
years and shall expire on October 23, 2000.
This condition has been met. The final plat has been subdivision prior the
expiration of the preliminary plat approval.
COMPLIANCE WITH APPROVED PRELEMMARY PLAT
The final plat is in substantial compliance with the preliminary plat which was review
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.
COMPLI)4ACE WITH THE ZONING REGULATIONS
This subdivision has been found to be in compliance with the Kalispell Zoning
Ordinance for the B-2, General Commercial district.
Final Plat for Tire Rama Subdivision
February 11, 1998
Page 3
I za XOTSU57 i DR I joy-N 0 wz?
All of the conditions of preliminary plat approval have been adequately met. The
Flathead Regional Development Office recommends that the Kalispell City County
adopt the attached staff report KWP-98-1 as findings of fact and approve the final plat
for Tire Rama Subdivision.
Please schedule this matter for the next regular City Council of February 17, 1998.
You may call me at (406)758-5980 if you have any questions regarding this
subdivision.
Sincerely,
Narda A. Wilson, AICP
Senior Planner
NW/
Attachments: 1 opaque mylar
1 reproducible mylar
1 blueline
Staff Report KVJP-98-1
Final plat application
Letter from FRDO for pre plat waiver dated 10/24/97
DEQ approval #E.Q. #98-1952 dated l/ 12/98
Title Report from Alliance Title and Escrow Corp. 12/3/97
Treasurers Certification
c: Jackola Engineering, 317 First Ave. E., Kalispell, MT 59901
Tire Rama, P.O. Box 23509, Billings, MT 59104-3509
Debbie Gifford, Kalispell City Clerk
H:\ ... \KW98-1
�11 iDui
FRDO SUBDIVISION REPORT #KWP-98-1
REVIEW AND FINDINGS OF FACT
FEBRUARY 10, 1998
A report to the Kalispell City Council for Findings of Fact for the Tire Rama
Subdivision final plat. Preliminary plat approval for this minor subdivision was
waived on October 24, 1998, subject to four conditions and compliance with
the Kalispell City Subdivision Regulations.
A. AppUcant: Tire Rama
P.O. Box 23509
Billings, MT 59104-3509
(800)828-1642
Technical Assistance:
149PIT M
Jackola Engineering
317 First Avenue East
Kalispell, MT 59901
(406)755-3208
The subdivision is located on the east side of Highway 93 South and
south of First Avenue East in Kalispell. The property can be described
as Assessor's Tract 5YA located in of Section 17, Township 28 North,
Range 21 West, P.M.M., Flathead County.
Total area: 1.728 acres
Lot 1: 0.513 acre
Lot 2: 1.215 acres
D. M'sting and Adjacent Land Uses:
Currently this property has a building for Tire Rama tire service store on
proposed Lot 2. Proposed Lot 1 is undeveloped. There is a variety of
service and retail uses in the immediate area.
Zoning:
The property is located in a B-2, General Business zoning district which
allows a variety of commercial, retail and office uses. This subdivision is
in compliance with the zoning with regard to parcel size and use. .
F. Relation to Master Plan Map:
The property is designated as Commercial on the Kalispell City -County
Master Plan Map. These lots are in compliance with that master plan
designation.
G. Utilities:
Water and Sewer:
Electricity:
Telephone:
School:
Police:
Fire Protection:
(0,3VA 1 *1 'AV-, IV I'0B►1 " - ;v
City of Kalispell
Pacific Power and Light
PTI Communications
School District #5, Kalispell
City of Kalispell
City of Kalispell
This application is reviewed as a minor subdivision in accordance with
statutory criteria and the Kalispell Subdivision Regulations.
F-31
Lq
Fill
Fire: The area is anticipated to be at low risk from wildfire due to the
urban location, lack of woody fuel and good access to the site. The
proposed subdivision is not expected the significantly impact the service
provided by the district. There Kalispell Fire Department has a fire
access easement through the property which is indicated on the final
plat.
Vegetation and topography: The site does not have significant native
vegetation. The property is relatively flat and has historically been
undeveloped.
The proposed subdivision is not mapped big game habitat winter range
and does not appear to provide habitat to significant wildlife other than
some birds and small animals.
IBPM
The subdivision will be served by City of Kalispell water and sewer. No
impacts on the natural environment appear to be related to the
subdivision of this property.
Sewer and Water: The City of Kalispell will provide water and sewer
service to the newly created lots. No significant impacts can be
F�
anticipated to the City with regard to water and sewer services as a
result of the creation this subdivision.
Roads: Access to the site is provided directly from Highway 93 South by
way of a shared access to the south and direct access from First Avenue
East. Both approaches are in place. The existing roadways are
adequate to accommodate additional traffic which might be generated
from the site as a result of the development of the additional parcel.
epartment of Transportation has been obtained for the proposed
Schools: This property is within the boundaries of School District #5,
Kalispell. This subdivision is anticipated to create no additional school -
age child for this district since this is a commercial subdivision.
Parks: Parkland dedication is not required for commercial subdivisions.
Police Protection: The property is served by the Kalispell Police
Department. It is not anticipated that this subdivision will significantly
impact the service provided by the police department.
Fire Protection: The property is within the service district of the
Kalispell Fire Department. The subdivision is not expected to significant
impact fire service.
Refuse Disposal: Refuse disposal will be provided by the City of
Kalispell. The proposed subdivision is not expected to impact the
landfill.
Medical Services: Emergency medical service is provided by the Kalispell
Regional Hospital; Ambulance and Life Flight services are also available.
This is within a highly urban area of Kalispell which has continued to
grow commercially. This subdivision will not have an impact on
agriculture in the Valley.
F. Compliance with Master n:
The property is designated as Commercial on the Kalispell City County
Master Plan map which anticipates a variety of retail, commercial, office,
professional services and businesses which require the outdoor display
of merchandise. This subdivision is in conformance with the Master
Plan.
• , •
Staff recommends that the Kalispell City Council adopt Staff Report KWP 98-1
as findings -of -fact for the proposed subdivision and approve the final plat.
f40�
Flathead Regional Development Office
723 5th Ave. East Room
Kalispell,•«0
Phone: (406)758-5980 Fair. (406)758-5781
Subdivision Name:
Contact Person:
Tire -Rama
Owner.
APPLICATION MATTw'ai
�.' JqN� 19
oil
IkZ .1
Jackola En F.. R D. 0,
Name: gneerincl Co. .Tire -Rama
Address: 317 1st Ave .__E ..
Kalispell, MT 59901 PO Box 23509
Phone No.: 406-755-3208 illinaS, MT 59'104-150-4
1-800-828-1642
Date of Preliminary Plat Approval: Waived as per 10/24/97 letter,
Type Subdivision: Residential industrial Commercial x PUD:�. Other
No. of Lots Proposed: 2 Park Land- (ac.):
Land in Lots: (ac.) 1,728 Cash -in -lieu: $
Exempt: EXEMPT
FILING FEE ATTACHED: $ 4 2 0.0 0 Note: Minor Subdivision - $200 +10/lot
Major Subdivision - $300 + 10/lot
Prel. Plat Waived - $400 + 10/lot
Not
Attached Applicable
(MUST CHECK ONE)
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 Sub. Improvements Agreement (attach collateral)
X Parkland Cash -in -Lieu (check attached)
_XCovenants (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
Flathead Regional Development Office
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax:(406) 758-5781
October 24, 1997
Kristian Jackola.
Jackola Engineering Co.
P.O. Box 1134
Kalispell, MT 59903
RE: Preliminary Plat Approval Waiver for Tire -Rama Subdivision
Dear Kris:
This letter is in response to your request for waiver of preliminary plat approval for a
two lot commercial subdivision for Tire -Rama. The property is located on the southeast
comer of Highway 93 and First Avenue East in Kalispell and is zoned B-2, a General
Commercial zoning district. The property proposed for subdivision can be described as
Assessor's Tract 5XA located in Section 17, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana.
Due to the relatively minor impacts that this subdivision poses, preliminary plat
approval is hereby waived as provided for under Section 2.06 of the City of Kalispell
Subdivision Regulations subject to the following conditions:
1. That an approach permit be obtained from the City of Kalispell Public Works
Department for the approach onto First Avenue East.
2. That a storm water drainage plan be reviewed and approved by the Kalispell Public
Works Department.
3. That an additional five feet be added to the utility easement to accommodate existing
utilities on the property.
4. Obtain a Certificate of Subdivision Approval from the Department of Environmental
Quality for water and sewer facilities.
5. This waiver of preliminary plat approval is valid for three years and shall expire on
October 23, 2000.
Waiver of preliminary plat approval does not constitute approval of the subdivision.
Please note that, for final plat approval, all requirements must be met per Section 2.07
and Chapter 3 of the City of Kalispell Subdivision Regulations.
Providing Community Planning Assistance To:
®Flathead County ® City of Columbia Falls ® City of Kalispell ® City of Whitefish
MIMTF rim —inarfffa-MT Mai—ver
• 21, 1997
Page 2
19
We are returning the preliminary plat application and application fees with this letter
which you previously submitted to our office. If you have any questions regarding this
matter, please call Narda Wilson at this office.
Sincerely,
-4040
gaitzs sell
M 6
Dom
DEPARTMENT OF ENVIRONMENTAL QUALITY
PERMITTING AND COMPLIANCE DIVISION
MARC RACICOT, GOVERNOR
STATE OF MONTANA
METCALF BUILDING
1520 E SIXTH AVE
(4")444-30s0 January 12, iM PO BOX 200901
FAX (406)444-1374 HELENA, MONTANA 5%20-0901
JACKOLA ENGINEERING INC
BOX 1134
KALISPELL MT 59903-1134
RE: Tire -Rama Masterplan
Flathead County
E.Q. No. 98-1952
Dear Sir:
This is to certify that the information and fees received by the Department of Environmental Quality relating
to this subdivision are in compliance with 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 ARM Section
17.36.603, this subdivision is excluded from ARM Tittle 17, Chapter 36, Sub -Chapters 1 and 3, is not subject
to sanitary restrictions, 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,
Linda MRS
Environmental Engineer
Subdivision Section
Water Protection Bureau
cc: City Engineer, City of Kalispell
file AN EQUAL OPPORTUNITY EMPLOYER'
ESCROWALLIANCE TITLE & CORP.
Second45
P.O.
Box : •
Kalispell, Montana 59903-0879
4 0 • • •
FAX (406) •: •
JACKOLA ENGINEERING CO
ATTN: CHRIS JACKOLA
317 1ST AVE EAST
KALISPELL NIT 59901
REFERENCE:
Seller:
Buyer/Borrower:
ORDER NO: 66862jl
Owners: $
Lenders: $500,000.00
INSPECTION FEE:
EXTRA SEARCH FEE:
CLOSING FEE:
12-03-97
The Tire Guys
S
$ 1,849.90
$ 25.00
DO NOT,PAY THIS BILLING
The above are estimates of your title charges in connection with
the attached order. These are estimated charges only.
Your final billing will be sent when the transaction is closed.
THANK YOU°°° ALLIANCE TITLE & ESCROW........
FOR YOUR INFORMATION: TITLE OFFICER: Jacqueline D. Lindsay
ESCROW CLOSING OFFICER:
0-
JJ TICOR TITLE t''ASURANCE
Commitment for Title Insurance
American Land TICOR TITLE INSURANCE COMPANY, a
Title Association California corporation, herein called the
Commitment - 1966 Company, for a valuable consideration, hereby
commits to issue its policy or policies of title
insurance, as identified in Schedule A, in favor
of the proposed Insured named in Schedule A,
as owner or mortgagee of the estate or interest
covered hereby in the land described or
referred to in Schedule A, upon payment of the
premiums and charges therefor; all subject to
the provisions of Schedule A and B and to the
Conditions and Stipulations hereof.
This Commitment shall be effective only
when the identity of the proposed Insured and
the amount of the policy or policies committed
for have been inserted in Schedule A hereof
Issued by:
ALLIANCE TITLE AND ESCROW CORP.
45 2ND STREET EAST
P.O. BOX 879
KALISPELL, MT 59903-0879
(406) 752-7606
Authorized Signatory
by the Company, either at the time of the
issuance of this Commitment or by subsequent
endorsement.
This Commitment is preliminary to the
issuance of such policy or policies of title
insurance and all liability and obligations
hereunder shall cease and terminate 180 days
after the effective date hereof or when the
policy -or policies committed for shall issue,
whichever first occurs, provided that the failure
to issue such policy or policies is not the fault
of the Company.
This Commitment shall not be valid or
binding until countersigned below by an
authorized signatory of the Company.
TICOR TITLE INSURANC OMPANY
By •�� President
Est �� Secretary
JJ�JJJJJ�JJ�J�JJJJJJJ�J JJ�JJJJ�IJJJ�JJ�JJJJJJ JJ�JJJJ
ALTA COMMITMENT — 1966
Reorder Form No. 1396
File No.s 66862jl
1. Effective Dates September 25, 1997 at 8s
r •. ... .. •# i_ -•
Standard Coverage x Extended Coverage Premium: $1,849-90
End: MINE I
Proposed Insured: First Bank of Great Falls
oil it 1*01
wrs� rr•
4. Title to the estate or interest in said land is at the effective date hereof vested
in: The Tire Guys, a Montana corporation
Lot 2 of Tire -Rama Subdivision,according to • e rrar• or
�a«rv"vwI4 r - r
(1) RioTts or claims of parties in possession not dxwi by the public records-
(2) Rxxoachments, overlaps, boundazy line disputes, and arry other matters 4W:h
would be disclosed by an a=xrate9-xcNW or inspection ofthelr: -. es
in-
cluding, but not limited to, insufficient or impaired access or matters con-
tz lictory to any survey plat shown by the public records.
Easements, or .. of easements,o • by the public records.
(4) Any lien, -or right to a Lien, for services, labor, or material heretofore or
hex�eafter::e•"imposed f.. .i and :• not r <;: !'.. the public tel.:• " f..
(5) (a)Unpatented mining claims; (b)reservations or exceptions in patents or in
Acts authorizing the issuance thereof; (c)water tights, claims or title to
water, whether or not the matters excepted uxler, (a), (b) or (c) are shown
by the public records.
taxes(6) Taxes or special assessments which are not shuAn. as existing liens by the
records of &-ry taxing authority that levies taxes or assessments on real
property or by the public rec9rds. Proceedings by a public agery-y which may
result in or or r ` r^ of such proceedings, ,• or r
shown by the records of such agency or by the public records.
Paragraphs 1, 2, 3, 4, and 6 may not appear as printed exceptions on extended
coverage policies, except as to such parts thereof which may be typed as a Special
C. Special•-. #;
k ." I i° t�" i z Vvy 0,50 1 -:=
File No.: 66862jl
Date: 09/25/97
SCHEDULE B - SECTION 2
This Commitment is not valid without Schedule B- Seatim 1
1.
General taxes for the year 1997, which area lien but nort yet payable.
2.
es and assessments not yet certified to the County Treasurer
collection.
3.
EXCEPT all minerals in or under said land including, not limited to, metals,
oil, gas, coal, stone and mineral rights, mining rights and easement rights otr other
ma to, whether expressed or impLied.
4. '
Easement for all rights stated therein granted to MxwAzih States Company
recorded June 23, 1939, in Book 236 at page 56, records of Flathead County,
5
An Easement for the purpose shown below and rights incidental thereto, as set forth
in a t:
Gran to: Mountain States Power Caupany
The right and easement for right-of-way to install, maintain
and operated facilities for an electric power and telephone
line...
Recorded: Septembex 12, 1952
Reception No: recorded in Book 343 at page 198, records of Fla y,
Montana.
..
An Easement for the purpose shown below and rights incidental thereto as set forth in
• cc z `
Granted to: Pacific Power and Light Company
Purpose: for operation, mainteriance and repair of its Lines
Recorded: January 10, 1960
Reception No: recorded in Book 438 at page 194, records of Flathead County,
•% y
7.
20' Sewer Easement as shown on Certificate of Survey No. 13009, records of Flathead
County, Montana.
8.
Term and conditions of Designation of Limited Access Hig]ht-ay recorded October 25,
1991 a • _ Recorder's No. ' • i records of -Flathead e_ • ou• r
• ie
9.
An Overhead Right -of -Way Easement for the purpose shown be1ow and rights irxddental
thereto *as set forth in a document:
Granted to: Pacificorp, a Corporation, dba Pacific- Power and Light Company
Purpose: for operation, maintawm and repair of its lines
Rgoorded: May 9, 1997
Reception kjo: 1997-129-1002-0, records of Flathead County, Montana.
10.
Right -of -way for Highway 93 as shmn on Flathead County Assessor Is maps, records of
Flathead County, Montana.
11.
Terms and cionditions of Covenants, conditions and restrictions as set forth in the
following:
Document: Warranty Deed
Recorded: October 17 ' 1996
Instrument No. 96-291-1155-0 AND RL—RecordW imiory 7, 1997 under
Recorder's Fee No. 1997-"-1350-0, records of Flathead
County, Montana,
Including but not Limited to any assessments rxv or hereafter levied under the
provisions of said restrictive covenants. But cmitting any covenant or restriction
based on race, color, religicn, sex, handicap, familial status or national origin
unless and only to the extent that said covenant (a) is e-mempt untlex Chapter 42,
Section-3607 of the United States Code or (b) relates to handicap but does not
liscriminate against handicapped pexscns.
12.
Res_-vaticn by The out1w Inn contained in warranty Deed recorded October 17, 1996
under Recorder's Fee No. 96-291-1155-0 AND Re -Recorded January 7, 1997 under
Recorder's Fee No. 1997-007-1350-0, recowds of Flathead County, Montana, as follows
"RESERVING.7 UNTO GRA11IM a rxm-exclusive easement for ingress and egress upon the
eg paved approximately thirty-two (32) foot roadway within the demised
13.
We find no survey of record of the txac to be insured. A survey, or
plat may be required before conveyance can be recorded.
r1aSUM1
14. ZX VIS1
Evidence of the authority of the officers of The Tire Guys, a Montana corporraticn,
execute the forthccming irotnxient. Copies of the current Articles and: By-Laws 1
and
certified copies of appropriate resolutuxis should be submitted for our fi-les.
(Continued)
,0 • • 0 -
15.
Water rights, water locations, and mining rights.
•
Reservationtea: in United States Patent, recorded e:• December . Book
Page of Flathead County,Montana, • • s: ..... Subject to any
vested and accrued water rights for mining, agricultural, manufacturing or other
pirposesand rightsto ditchw . • resmNoirs used in connection wit: such water
rights,as may recognized and acknowledged by • Va customs, lawsand decisions of
Courts,and alsosubjecttothe rightof the #r r""•.rietor • (veinor •::•'-. toextract
and remove his ore therefrom, should the same be found to penetrate or intersect tt*
premises hereby granted, as provided by Law"
17.
NOM: In order to expedite this commitment to you, no physical inspection of the lar
has been made. A physical inqx�ction will be made priar to recording and this
commitment is subject to such furtl-er matters as may appear at that time.
A.
Any off -record facts, enowtmances, easements or possessory
claims, a survey or inspection of the premises uxx" disc].ose-
B.
Questions of location, boundary and area; overlaps and
encroachments by tr • belonging • these it
adjoining land; all dependent upon actual inspection or survey for
determination.
C.
Rights or claims of persons in possession or claiming to be in
possessicns, nort shown of record.
D.
Material or labor liens of which no notice is of record.
18.
e Mortgage or D__• of Indenture :.it Acknowledgement of sf E• •:
for Execution of Homestead should be placed of record and this commitment is sul:kJec
to such further matter as may appear at that time.
i C
E
File No.: 66862j1
Date: 09/25/97
SCHEDERE B - SECTION 2( )
NOTE:For _ purpose of assisting with tax •r • _ w s •r •, • - you • ;r following
information:
Tax amount •r the of 1996 $ 3,731.22
Tax amount for the seocnd half of 1996 $ 3,731.19
=I
c C 0
'ro co Loa
$552