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4. Final Plat Approval - Buffalo Commons Lot 2 Phase 5Flathead Regional Development Office 723 5th Avenue East - Room 414 �4111*30014 fflAaai&p�� 1�1 4 �-Aa Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager WDR11VAIW III =-- gms.� BACKGROUND: This is a request for final plat approval of five town home lots comprised of one duplex and one tri-triplex units on approximately 0.65 of an acre. The lots are located on the north side of Commons Way just east of the retention basin / common area. The preliminary plat for this subdivision was approved by the city council on November 3, 1997 subject to nine conditions of approval. This final plat is another phase of the Buffalo Commons PUD located north of the hospital and northeast of Highway 93 and Meridian Road. R ECOMMENDATION: A motion to approve the final plat for Buffalo Commons Phase 2, Block 5 would be in order. FISCAL EFFECTS: Narda A. Wilson Senior Planner As suggested by the city council. P-1 & 9=1 I Chris A. Kukulski City Manager Attachments: Letter of transmittal Final plat application and supporting documents Providing Community Planning Assistance To: Flathead County - City of Columbia FaM ® City of Kalispell ® City of Whitefish _10 A 723 51b Avenue East - Room 414 N211NIZES Chris Kukulski, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Buffalo Commons Phase 2, Block 5 - Multi -Family Pod Dear Chris: Our office has received an application from Northwest Healthcare Corp. for final plat approval of Buffalo Comm ns Phase II, Block 5 which will plat five town home lots comprised of two duplex and one tri-plex units. The area in lots contains approximately 0.65. Previous phases of the subdivision have dedicated the roads within the subdivision. Thee parent tract for these lots front along the north side of Commons Way, a City street and obtain their access from an internal private driveway. This subdivision is located on the east side of Highway 93 North, north of Heritage Way in Kalispell and is part of the Buffalo Comm ns Planned Unit Development Prelimin plat approval was granted by the Kalispell City Council for the this phase of the Buffalo Commons PUD on November 3, 1997 subject to nine conditions. The following is a list of the conditions of approval and a discussion of how they have been met. This condition has been met. The lot configuration on the final plat is in substantial compliance with the approved preliminary plat. Condition No. 1. That the public roadways within the subdivision shall be constructed in accordance with the adopted Standards for Design and Construction which includes the pavement, curbs, gutters, sidewalks and drainage system. A letter from the Kalispell Public Works Department shall be required stating that the improvements have been installed according the required specifications at the time of final plat approval. This condition has been met. The roadways within this subdivision have bee platted in a previous phase of this development and dedicated to the City. All the improvements were reviewed and approved by the Kalispell Public Worl Providing Community Planning AssMance To: Flathead County ® City of Columbia Falls - City of Kalispell ® City of Whitefish Final Plat of the Buffalo Commons Phase 2, Block 5 July 12, 2000 Page 2 Department and certified by engineers Robert Peccia & Associates in an updated letter of 4/14/99 state that the required improvements have been constructed according to the approved plans and specifications and City design standards. Condition No. 3. That approach pem-iits for the required road construction at Windward Way and Grandview Drive be obtained ft-om. the Kalispell Public Works Department This condition has been met. Approaches were reviewed and approved by the Kalispell Public Works Department in the construction drawings and made part of the construction design platted in a previous phase - Condition No. 4. That the developer shall install a central mailbox location approved by the U.S. Postal Service and shall be indicated on the final plat - This condition has been met. The post office has reviewed Phase 2 of the subdivision and a central mailbox location was located near the common area to the east on a previous phase of the development. Condition No. 1. That sidewalks shall be constructed on both sides of the public street and there be a minimum five foot boulevard space between the sidewalk and public roadway that is planted with street trees as specified in the development agreement with the City of Kalispell. This condition has been met. Sidewalks and the boulevards are in place. The street trees will be planted in cooperation with the Kalispell Parks and Recreation Department on the north side of the sidewalk a the time development of the site occurs. Condition No. 6. That the common area within the subdivision be accepted as fulfilling the parkland dedication requirement and that the area be landscaped according to the specifications outlined in the development agreement with the City of Kalispell. All utilities shall be installed underground. This condition has been met. Common area has been platted in previous phases of the subdivision with the common area lying to the west of these lots. Underground utilities have been installed in with the previous phases of the development. Condition No. 6. A storm water drainage plan which incorporates the easements indicated on the preliminary plat shall be reviewed and approved by the City of Kalispell. This condition has been met. The stormwater drainage plan for the project was reviewed as approved as part of the overall design and construction and has been built accordingly. The main stormwater detention basin lies to the west of this site. Final Plat of the Buffalo Commons Phase 2, Mock 5 July 12, 2000 Page 3 Condition No. 6. That all water and sewer services and plans and specifications shall be reviewed and approved by the Department of Environmental Quality and the Kalispell Public Works Department- 0 This condition has been met. A letter dated 10/31/97 and 5/15/97 from DEQ provides their approval of the subdivision for water and sewer facilities. Engineer Robert Peccia & Associates also confirms that the water and sewer have been installed according to approved plans and specifications. Public works reviewed and approved these improvements in previous phases and has the as -built drawings on CD. Condition No. 6. That a letter from the Kalispell fire chief approving the location and placement of the fi-re hydrants within the subdivision shall be submitted with the final plat. This condition has been met. Hydrant placement was done in accordance with the Uniform Fire Code in previous submitted with the final 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 has been found to be in compliance with the Kalispell Zoning Ordinance and the Planned Unit Development which governs the dimensional requirements of the lots within the subdivision. I IMPUIYAR-OU All of the conditions of preliminary plat approval have been adequately met The Flathead Regional Development Office recommends that the Kalispell City Council approve the final plat for this townhouse project Please schedule this matter for the regular city council meeting of June 21, 1999. Sincerely, 'Narda A. Wilson4 Senior Planner Final Plat of the Buffalo Commons Phase 2, Block 5 July 12, 2000 Page 4 NW/ Attachments: 1 opaque mylars of final plat 1 reproducible mylar of final plat I copy of final plat Letter from Montana Planning Consultants dated 6/26/00 Reduced copy of plat Final plat application dated 6/30/00 Letter from DEQ dated 10/31/97 Title report from Sterling Title Services dated 6 / 14 / 00 Treasurers Certification dated 6/28/00 Cw/att: Theresa White, Kalispell City Clerk c: David Greer, MT Planning Consultants, Box 7607, Kalispell, MT 59904 Northwest Healthcare, 3 10 Sunnyview Lane, Kalispell, MT 59901 wmml�� Im pN' , Po Box W KshpK Mim - - SM4 (4eq 7wtm APPL)CATION wA TT 63' ,kL June 26, 2WO L a. JUN 3 0 2000r Narda 111rison 3_ t 4t Senior Planner Flathead Regional Devebpment Office' 723 Fifth Ave. E F. R. D. O. 7- h _l Kalispell, MT 59WI tf RE: FINAL PLAT OF BUFFALO COMMONS, PHASE 2, BLOCK 5 t Dear Narda: - } Attached are the application materials for the above -referenced final plat The following narrative desct� how each of the conditions of liming at 1 < 7 preliminary plat approval, as set forth in City Resolution 4379, haue�" . satisfied. ndition1. That the development........... ` _ The final bt *out, including priv a driveways. is in, substar presented in lit►epreHmnaty plat. The arg nd11ayectanticTeied 5 final plat elrrrunated one sublot to -create a totem of 4 subiots Condition 2. That the public roadways....... All improvements have been installed in accordance to city standards. Since the letter written by the Public Works Department (12/16/97), the City has been deeded and has accepted all the internal roads of Buffalo Commons. The City has the as -built drawings on "CD". Condition 3. That approach permits...... The City approved the construction drawings for the Buffalo Commons PUD, including all intersections with city streets. All the streets have been deeded to the City_. Condition 4. That the developer shall instalL._ ' The U.S. Postal Service has reviewed Phase 2 and the central mail box site has been installed. In,,,, accordance to the approved location. Condition 5. That sidewalks...... Sidewalks have been built in accordance to the approved ptans for the entire PUD. AlI boulevards are 5 feet or greater in width. As per my conversations with Mike Baker, Parks & Rec reabo6 director, street trees are planted on lots concurrent with home occupation to ensure proper care and maintenance of the planted trees. Due to the location of ail utilities within the Boulevard adjacent to Phase li, trees are planted on the north side of the sidewalk within the common area of the-'` townhouses. Land UN C"Aa*!afe AM* andAbk SKW Narda Wilson Page 2 June 26, 2000 Condition 6. That the common areas ...... With the filing of this plat, aill 7 acres of common area has been platted. All the common area is irrigated and extensively landscaped. Alt utilities are underground. Condition 7. A storm water drainage plan....... The storm water drai Wage pt�art wvas primed in the wav+n on drngs arnd by " City. �� Condition 8. That all water and sewer service plans....... The State and City have approved the water & sewer extension plans for the PUD.' Please refiji.-I in part, to the attached approval statement from DEQ. Please note that a copy, rather Chart original, is attached since tans same approval statement will be required on other appF+catipns =' involving Phase 2. As -bait drawings have been previott ly submitted (see phase 2, block 2). - Condition 9. That a letter from the ._._ . The City Fire Chief has approved the location and placement of the fire hydrants. A letter from Chief Waggener has been previously forwarded to your office concerning compliance v►gth this condition. Please let me know if you need any additional information_ K F_ ^ f Y _ `. ._ iJ is.. /riVer� ya .- �Vy, .; a, .. ._- __ir`j�"�2�r,'.:.�• _ - .i'[ = Sig-<3ea*r'� r David Greer Consultant to NWHC attachments: Application fee of $3f0.00 Application form Title report Tax certification statement DEQ approval statement (copy) Plats I m CYD y 6 O c � t�} �z c Z U O - v C\2 Q�h ..pv 1 C-Z) �,Ot,tLf05 V nVi ti i O O Fla&i*ead Regional Development Offic 723 Sth Ave. East Room 414 Kalispell, MT 59901 it 'j_.. , V; Buffalo Commons Phase 2 Block 5 F. P- D. 0. Name: David M- Grw Address: P.O. Box 7607 ,,Kalispell, UT 59904 Phone No.: (406)756-9099 Date of Preliminary Plat Approval: Northwest Healthcare 310 �w---�ane Kalispell, MT 59901 Type Subdivision: ResWential Industrial Commercial I PUD other No. of Lots Proposed: 4 Park Land (ac.): Land in Lots: (ac.) 0.675 Cash 4n4leu: Exempt PUD Exempt FILING FEE ATTACHED: $30.00 NOT ATTACHED APPLICABLE Health Department Certification Title Report Tax Certification Consent(s)to Plat Sub. Improvements Agreement Parkland Cash -in -Lieu Covenants Recorded Homeowners By-Laws/Articles of Incorporation Plats 1 slit 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, Oall improvements are in place" are not acceptable. A complete final application must be submitted no less than 30 days prior to expiraticr-, date of preliminary plat. 11 LTD 27--T2W-1 I a 0 ni M :a& MT1TMMWF WMM. mom Fer7wev TIN MR, TTW? 7727717116 W cvr-�Trr 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 MI 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- qc=-- t A.— ;Owiner Represe ative Date PRELRILtiARY SUB DIVISION CERTIFICATE OF TITLE 27 0219 89 205711 CHICAGO TITLE (INSURANCE COMPANY To the County of Flathead and the City of Ka 1 i s pe 11 in Montana CHICAGO TITLE INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Missouri, with its principal office in the City of Chicago. Illinois, and duly authorized to insure titles in Montana hereby certifies that from its examination of these public records which impart constructive notice of matters affecting the title to the real estate described in Schedule A hereof, as of the 14th day of June 112000• at o'clock P.M., the title to the described real estate was indefeasibly vested in fee simple of record in: Northwest Healthcare Corporation, A Montana Corporation subject only to the objections. liens charges, encumbrances and other matters shown under Schedule B hereof. The maximum liability of the undersigned under this certificate is limited to the sum of $ 10, 000.00 This certificate of title is made in consideration of the payment of the premium by the subdivider of the land and for the use of the County and City above named. Issued by: STERLING TITLE SERVICES 211 South Main (P.O. Boa 73 ) Kalispell, MT 59901 (406) 752 - 7000 FAX (406) 752 - 7207 (TITLE) ,(406) 257 - 5663 (ESCROW) ;may/ � Yet LL AurNwiznl signaf ,n CHICAGO TITLE INSURANCE COMPANY By: ATTEST: Pres- ent Secretary PRELIMINARY SLBDIVISION CERTIFICATE OF TITLE (NIO\TANA) Page 2 Certificate No. : 27-0219-89-205711 Our File No.: CG-29593 Being the legal description of the real estate covered by this certificate. The following -described parcels of real estate: That portion of Government Lot 5, Section 6, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana, described as follows: Commencing at the Northwest corner of Government Lot 5, Section 6, Township 28 North, Range 21 West; thence along the Northerly boundary of said government lot North 89034138" East a distance of 76.55 feet to the Point of Beginning of the parcel being described; thence continuing along said Northerly boundary of said government lot North 89034138" East a distance of 223.27 feet to a point; thence South 000141490 East a distance of 124.29 feet to the Northerly right-of-way line of Commons Way, a 60.00 foot city street and a point on the beginning of a 530.00 foot radius curve concave Southerly having a radial bearing of South 03032110'1 West; thence along said Northerly right-of-way line of said Commons Way the following three courses: Along said curve through a central angle of 3057113" an arc length of 36.57 feet South 89034157" West a distance of 15.61 feet to the beginning of a 160.00 foot radius curve to the left concave Southeasterly and Along said curve through a central angle of 4504813311 an arc length of 127.92 feet to the Easterly boundary of that parcel of land denoted as Common Area on the plat of Buffalo Commons Phase 2 Block 1, records of Flathead County, Montana; thence along said Easterly boundary of said Common Area the following two courses: North 4601313611 West a distance of 54.87 feet to a point and North 07033115" West a distance of 134.27 feet to the Point of Beginning. TO BE KNOWN AS: BUFFALO COMMONS PHASE 2, BLOCK 5 •- 3 Certificate No.: ! Our •CG-29593 Being all of the estates, interests, equities, lawful claims, or demands, defects, or objections whatsoever to title; and all easements, restrictions, liens, charges, taxes (general, special, or inheritance, or assessments of whatever nature), or encumbrances; and all other matters whatsoever affecting said premises, or the estate, right, title, or interest of the record owners, which now do exist of record. 1. Property taxes, including any assessments collected with the taxes, for the year 2000. 2. Delinquent water and sewer charges of the City of Kalispell, if any. 3. Reservations in Patents or the acts authorizing the issuance Mineral 6. Easement granted Northwestern Telephone Systems, Inc., recorded December 17, 1980 under Recorder's Fee #18056, in Book 707, page 361, records of Flathead County, Montana. 7. Resolution No. 4174 recorded November 14, 1994 as Document #9431814340, records of Flathead County, Montana. 8. Terms and provisions contained in Ordinance No. 1226, recorded October 3, 1995 as Document #9527615080, records of Flathead County, Montana. 9. Ordinance No. 1276 recorded February 24, 1998 as Document #199805512210, records of Flathead County, Montana. 10. Ordinance No. 1281 recorded February 24, 1998 as Document #199805512220, records of Flathead County, Montana. 11. Declaration of Conditions, Covenants, and Restrictions and any rights, provisions, powers, obligations, liens or charges as provided therein, but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicappe-d persons, recorded February 24, 1998 as Document #1ems. �5512230, records •; Flathead County, Montana, and any amendments thereto. 12. Certificate of parkland as shown on the Unrecorded Plat of Buffalo Commons Phase 2, Block 5. 13. A 10 foot telephone easement per Sock 707 page 361, as shown on the Unrecorded Plat of Buffalo Cc=ons Phase 2, Block 5. 14. Driveway easement as shown on the U=ecorded Plat of Buffalo Commons Phase 2, Block 5. 15. Utility easement per plat of Buffalo Commons Phase 2 Block 1, as shown on the Unrecorded Plat of Buffalo Commons Phase 2, Block 5. 16. The requirement that the company be furnished an original or certified copy of the resolution of The Board of Directors, or Stockholders if required, of Nort-hwest Healthcare Corporation, authorizing proposed transaction and directing the execution of the proper instruments. 17. No search has been made for water rights and unpatented mining claims and liability thereon is excluded from coverage of this Certificate. PLAT ROCK FLATHEAD COWEY, N0NT-MT-- 800 S. MAIN RALISPKLL, MT 59901 (406) 758-5510 THIS FORM IS FOR SUBDIVISIONS AND CONDOMINIUMS ONLY BY: FOR: NKI A�4 L 7-CAR-E DATE: 21-2-3114 to DESCP' Btt_rrAL6 CoMA40AJS P14ASE Z PURPOSE: JU-8,51VITION YEA.RS ASSESSOR # 1992 THRU lqg? 4 / 1? 99 Is- 1,9�k AND TO DATE I hereby certify that there are no out. -standing taxes on the property a" -Signed the assessor numbers listed abov4 for the years indicated for each asse3:3or number, ------------ DEPUTY TR U R SEAL JUN 2 8 DEPARTMENT OF ENVIRONMENTAL QUALITY PERMITTING & COMPLIANCE DIVISION Community Services Bureau Public Water Supply Program MARC RACICOT, GOVERNOR --- STATE OF MONTANA Phone:(406)444-4400 Fix:(406)444-1374 Phil Porrini Robert Peccia & Associates 825 Custer Avenue P.O. Box 5653 Helena, MT 59604 October 31, 1997 RECE1 T"M NOV - 41991 ROBERT PECCIA & ASSOCIATES Metcalf Building 1520 E Sixth Ave PO Box 200901 Helena, MT 59620-0901 Re: City of Kalispell Buffalo Commons PUD - Phase II - Site Development Flathead County EQ 98-1553 Dear Mr. Porrini: The plans for the above referenced project have been reviewed by personnel under contract with the Permitting and Compliance Division and found to be satisfactory. Approval of the plans and specifications is hereby given. One set of plans and specifications showing the approval stamp of the MDEQ is enclosed. The project consists of approximately 600 lineal feet of 8 inch SDR 35 PVC sewer main, 7 manholes and appurtenances. The project also consist of approximately 770 lineal feet of 6 inch PVC Class 150 C900 water mails and appurtenances. Approval is based on plan sheets C 1-4, CI-5 and Cl-6 dated October, 1997 and submitted under the stamp of Philip P. Porrini, Montana Professional Engineer Number 4371 E. Approval is also given with the understanding that any deviation from the approved plans 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 approved by the department. This certification shall be accompanied by a set of "as -built" record drawings signed by the project engineer. y It is also understood that construction will be started within two years of this date. If more than two years pass before beginning construction, it shall be necessary to resubmit the plans and specifications when construction is anticipated. This two year expiration period does not extend any compliance schedule requirements pursuant to enforcement action against a public water/sewage system. r Mark A. Smith, P.E. Drinking Water Section Permitting and Compliance Division Department of Environmental Quality c. Tom Laux, CEO, Northwest Healthcare, 310 Sutmyview Lane Kalispell, MT 59901 Flathead County Sanitarian %N EOUAL OPPoKut IrY EWPLOrER-