7. Final Plat - Buffalo Square SubdivisionAgenda - May 4, 1998
AGENDA ITEM 7 - FINAL PLAT - BUFFALO SQUARE SUBDIVISION
BACKGROUND: Enclosed are the documents submitted by FRDO for approval of
the final plat for the Buffalo Square Subdivision. All five conditions have been fulfilled
and the plat is in substantial compliance with the preliminary plat.
RECOMMENDATION: I concur with the FRDO Staffs recommendation to approve
the final plat.
ACTION REQUIRED: A motion is required for approval of the final plat.
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
April 23, 1998
Clarence Krepps, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59901
Re: Final Plat for Buffalo Square Subdivision
Dear Clarence:
Our office has received an application from Sands Surveying on behalf of Penco of
Montana, Inc. for final plat approval of Buffalo Square. As you may recall, this
subdivision replatted 48 townhouse lots into 24 single family lots in Buffalo Stage
Phase I. This subdivision contains approximately 5.852 acres and is located on the
west side of Whitefish Stage Road, south of Edgerton School.
Preliminary plat approval was granted by the Kalispell City Council on November 3,
1997 subject to five conditions. The following is a list of the conditions of approval
and a discussion of how they have been met.
COMPLIANCE WITH CONDITIONS OF APPROVAL
Condition No. 1. That the development of the site will be in substantial conformance
with the approved preliminary plat which shall govern the general location of the lots,
easements and roadways.
• This condition has been met. The development is in substantial compliance with
the approved preliminary plat.
Condition No. 2. That all water and sewer service plans and specifications shall be
reviewed and approved by the Department of Environmental Quality and the Kalispell
Public Works Department.
• This condition has been met. A letter from MDEQ dated March 15, 1998 has been
submitted with the final plat stating that the subdivision is approved under the
master plan exemption. Water and sewer has been extended to the subdivision
and received approval by the public works department during their installation.
Condition No. 3. That a letter from the Kalispell fire chief approving the location and
placement of the fire hydrants within the subdivision shall be submitted with the final
plat.
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Final Plat for Buffalo Square
April23, 1998
Page 2
This condition has been met. A letter from the Kalispell fire chief dated February
3, 1998 approving the fire hydrant placement and location has been submitted
with the final plat application.
Condition No. 4. That the subdivision be renamed Buffalo Square.
This condition has been met. The final plat has been named "Buffalo Square."
Condition No. 5. That preliminary plat approval shall be valid for a period of three
years from the date of approval.
• This condition has been met. The final plat has been submitted prior the
November 3, 2000 expiration date.
COMPLIANCE WITH APPROVED PRELIMINARY PLAT
The final plat is in substantial compliance with the preliminary plat which was
submitted 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.
COMPLIANCE WITH THE ZONING REGULATIONS
This property is zoned RA-1 which requires a minimum lot width of 60 feet. Lots 15
through 18 which are located on the cul-de-sac are below that minimum requirement.
The Kalispell Board of Adjustment granted a variance to the minimum lot width
requirements of the RA-1 zoning district for these lots on October 7, 1998. The
subdivision is in compliance with the RA-1 zoning regulations.
RECOMMENDATION:
All of the conditions of preliminary plat approval have been adequately met The staff
of the Flathead Regional Development Office recommends that the Kalispell City
Council approve the final plat for Buffalo Square Please schedule this matter for the
regular City Council meeting of May 4, 1998.
Sincerely,
lkwx' �- -� It4 ",
Narda A. Wilson, AICP
Senior Planner
NW/
Final Plat for Buffalo Square
April23, 1998
Page 3
Attachments: 1 opaque mylars of final plat
1 reproducible mylar of final plat
1 copy of final plat
Final plat application dated 4 / 14 / 98
Letter from MDEQ dated 3/ 15/98
Letter from fire chief dated 2/3/98
Title report from First Am Title dated 3/20/98
Consent to Plat from Pennington
Treasurers Certification dated 3/20/98
c: Sands Surveying, 1995 Third Avenue East, Kalispell, MT 59901
Kent Green, Penco of MT, 441 W. Plumb Lane, Reno, NV 89509
Theresa White, Kalispell City Clerk
H: \... \KFP98-3
DEPARTMENT OF ENVIRONMENTAL QUALITY
PERMITTING AND COMPLIANCE DIVISION
METCALF BUILDING
MARC RACICOT, GOVERNOR 1520 E SIXTH AVE
- STATE OF MONTANA
(406)444-2479 March 15, 1998
FAX (406)444-1374
Tom Cowan
Carver Engineering
1995 Third Avenue East
Kalispell, Montana 59901
E o0
HELENA, MONTANA 59 -
r�
MAR 19 1998
t i lam' c
i
RE: Buffalo Square Lots 1T - 12T Amended (Buffalo Stage Phase 3), 24 single-family lots
Flathead County E.Q. No. 98-2080
Dear Mr. Cowan:
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 Title 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,
NIJJ� 162�
DENNIS MCKENNA, SUPERVISOR
SUBDIVISION SECTION
WATER PROTECTION BUREAU
cc: City Engineer, City of Kalispell
file
'AN EQUAL OPPORTUNITY EMPLOYER"
ON
MEMORANDUM
Date: February 3, 1998
To: Tom Cowan,Carver Engineering
tNA
From: Ted Waggener,Fire Chief, City of Kalispell
Re: Buffalo Square - Fire hydrant locations
The Kalispell City Fire Department approves of the fire hydrant
location placement for Buffalo Square Subdivision.
LSC IE0VE
FEB -4 1998 iE
i
Post Office Box 1997 • Kalispell, Montana 59903-1997
Telephone (406) 758-7700 • FAX (406) 758-7758
t xk i f F C{fIZENS TITLE & ESCROW CO.
P.O. $ox'1310
704 Swih Main f
Ka6spelt, MT 59M
(406) 752-5M
Fa)c (406) 752 9617
Agent for.
Company
First American Tale Insurar�oe
a _
GUARANTEE
A M E R I
c
0
First American Title Insurance Company
J 161495
1347111/531
FILE NO.: CT-52740
FEE: $75.00
J-161495
SUBDIVISION OR PROPOSED SUBDIVISION: Buffalo Square
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER
PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART
OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION,
HEREIN CALLED THE COMPANY GUARANTEES:
Sands Surveying
FOR THE PURPOSE OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION
REGULATIONS, IN A SUM NOT EXCEEDING $5,000.00.
THAT according to those public records which, under the recording laws of the
State of Montana, impart constructive notice of matters affecting the title to
the lands described as follows:
Lots 1T, 2T, 3T, 4T, 5T, 6T, 7T, 8T, 9T, 10T, 11T, and 12T of the Amended Plat
of the Plat of Buffalo Stage Phase I, according to the map or plat thereof on
file and of record in the office of the Clerk and Recorder of Flathead County,
Montana.
The above -described tract of land is to be known and designated as Buffalo
Square.
(1) Parties having record title interest in said lands whose signatures are
necessary under the requirements of Flathead County Subdivision Regulations
on the certificates consenting to the recordation of Plats and offering for
dedication any streets, roads, avenues and other easements offered for
dedication by said Plat are: Penco of Montana, Inc., a Nevada corporation
(2) Parties holding liens or encumbrances on the title to said lands are:
1. General and special county taxes for the year 1998, a lien not yet payable.
NOTE: General and special county taxes for the year of 1997 and all prior
years have been paid in full. (Affects: All Lots)
Continued...
FILE NO.: CT-52740
Page 2
J-161495
(2) Cont.
1. Montana Trust Indenture dated May 21, 1993, to secure an indebtedness in
the principal sum of
AMOUNT $2,250,000.00, and any other amounts and/or obligations secured
thereby.
RECORDED March 5, 1996, as Doc. No. 96-065-10220, records of
Flathead County, Montana.
GRANTOR Buffalo Stage Associates, a Nevada general partnership
(comprised of Penco of Montana, Inc., a Nevada
Corporation, as general partner, and DLC Homes of
Montana, Inc., a Nevada corporation, as general partner)
TRUSTEE Citizen's Title & Escrow Company, Inc., a Montana corporation
BENEFICIARY: The William N. Pennington Separate Property Trust, dated January
1, 1991, William N. Pennington, Trustee
(3) Easements, claims, of easements and restriction agreement of record are:
1. Effects of agreement for water system between Julius Bruyer, George W.
Hyde and Walter L. McPheeters and James W. McPheeters, recorded July 14,
1906, in Book 54, Page 635, and modified by instrument recorded March 6,
1915, in Book 112, Page 332, as Doc. No. 697, records of Flathead County,
Montana.
2. Village County Sewer District levy of Assessment, recorded September 2,
1988, as Doc. No. 88-246-09380, records of Flathead County, Montana.
3. Easement for 20 foot sewer line as shown on Certificate of Survey No.
10354 and Certificate of Survey No. 10539, records of Flathead County,
Montana.
4. Easement for an underground electric distribution line granted to
Pacificorp, recorded November 6, 1992, as Doc. No. 92-311-14120, records
of Flathead County, Montana.
5. A reservation of an easement over the portion of said land and for the
purposes stated herein, and incidental purposes,
IN FAVOR OF: Buffalo Chip Partners
FOR : ingress and egress
RECORDED : May 21, 1993, as Doc. No. 93-141-16510,
records of Flathead County, Montana.
6. The effect of restrictions contained in Certificate of Subdivision Plat
Approval recorded with the amended plat of Buffalo State Phase I, recorded May
13, 1993 as Doc. No. 93-133-09040, records of Flathead County, Montana.
7. Subdivision Improvements Agreement for Buffalo Stage Phase I, executed by
Buffalo Chip Partners, recorded May 13, 1993 as Doc. No. 93-133-09050, records
of Flathead County, Montana.
Continued...
FILE NO.: CT-52740
Page 3
J-161495
8. Covenants, conditions and restrictions recorded May 13, 1993, as Doc.
No. 93-133-09060, records of Flathead County, Montana, but deleting any
covenant, condition or restriction indicating a preference, limitation
or discrimination based on race, color, religion, sex, handicap, familial
status, or national origin to the extent such covenants, conditions or
restrictions violate 42 USC 3604(c).
Amendment to said covenants recorded July 23, 1996 as Doc. No.
96-205-10380, records of Flathead County, Montana, but deleting any covenant,
condition or restriction indicatinga preference, limitation or discrimination
based on race, color, religion, sex, handicap, familial status, or national
origin to the extent such covenants, conditions or restrictions violate 42 USC
3604 (c) .
Amendment to said covenants recorded August 8, 1996 as Doc. No.
96-221-13450, records of Flathead County, Montana, but deleting any covenant,
condition or restriction indicating a preference, limitation or discrimination
based on race, color, religion, sex, handicap, familial status, or national
origin to the extent such covenants, conditions or restrictions violate 42 USC
3604 (c) .
9. By -Laws of Buffalo Square Townhomes Association executed by Buffalo Chip
Partnership, recorded May 13, 1993 as Doc. No. 93-133-09070, records of
Flathead County, Montana.
10. "Utility Easement Certificate " as granted on the Amended Plat of Buffalo
Stage Phase I.
11. Twenty foot utility easements as shown on the Amended Plat of Buffalo
Stage Phase I, and on the proposed plat of Buffalo Square.
12. Resolution No. 4159 by the City of Kalispell for annexation and zoning,
recorded December 5, 1994 as Doc. No. 94-339-15300, records of Flathead
County, Montana.
13. Terms and Conditions of Easement Agreement by and between Buffalo Chip
Partners, a Montana General Partnership and Corporation of the Presiding
Bishop of the Church of Jesus Christ of Latter - Day Saints, a Utah
Corporation, recorded May 13, 1996, as Doc. No. 96-134-09030, records of
Flathead County, Montana. (Affects: Lots 1T and 2T of Amended Plat of Buffalo
Stage Phase I).
Continued...
FILE NO.: CT-52740
Page 4
J-161495
(3) Cont.
14. Grant of Variance executed by the City of Kalispell in favor of Penco of
Montana, Inc., recorded December 12, 1997 as Doc. No. 1997-346-09300, records
of Flathead County, Montana. (Affects: Lots 15-18 of the proposed plat of
Buffalo Square).
15. Roadway "A" as depicted on the proposed Plat of Buffalo Square. (Affects:
Lot 24 of the proposed Plat of Buffalo Square).
16. The above described property is located within and subject to the
jurisdiction of the Evergreen Fire District.
DATED: March 20, 1998, at 8:00 A.M.
Subscribed and sworn to before me this -*150 day of
Nota Public for State of Montana
Residing at KA 15PF—\- ._. �p�+
My Commission Expires -7-12-'-�O
CONSENT TO PLATTING
Pursuant to Section 76-3-612, MCA 1979, the undersigned, The
William N. Pennington Separate Property Trust, hereby consents to
the Platting of a tract of land to be known and named as the
"Buffalo Square" thereof attached.
IN WITNESS WHEREOF, said party has caused their name to be
subscribed hereto on this (Oro day of A PR i L. , 19 96 .
William N. e nington, Trustee
STATE OF 1,6d dk-- )
) SS
COUNTY OF )
On this /6 day of , 1998, before me a Notary
Public for the State , personally appeared
William N. Pennington, and known to me to be the person whose name
is subscribed to the foregoing instrument and acknowledged to me
that they executed the same.
No ar Public f the State of /Ufa
R si ng at:�v`��
My Commission Expires : �/
RACOUEI BRIDGEWATER C
NOTARY PUBLIC C
f STATE CE NEVADA =
WASNQE COUNTY
p W.4T70-2 WY �#D= t. Ezfaa a 29.2000
au�aaaaa�����aya����as�w•:e.a.aauuuuss
PLAT ROOM
FLATHEAD COUNTY, MONTANA
800 S. MAIN
KALISPELL, MT 59901
(406) 758-5510
THIS FORM IS FOR SUBDIVISIONS AND CONDOMINIUMS ONLY
BY : d S
FOR: �e"J(c C�
DATE:
DESCP: ��t�� 1U 5�
t��� 1" PURPOSE:
YEARS j a 3_ a 9 j ASSESSOR #
1992 THRU ��I�3 05--- C)
S AND TO DATE
I hereby certify that there are no outstanding taxes on the
property assigned the assessor numbers listed above, for the years
indicated for each assessor number.
D TY TREASURER
a"I
F.R.D.O. APPLICATION MATEQ'AL
CITY/COUNTY-
FINAL PLAT APPLICATION 1 ��
Subdivision N
Contact Person
Name: TI-
Address: 1995 3`D AVENUE EAST
KALISPELL MT 59901
Phone No.: 406-755-6481
APR 14 1998
U ii Z. i.s C. i "-e 1:.1.;
Owner. F. R. D. 0.
PENCO OF MONTANA- INC.
ATTN: KENT GREEN
441 W. PLUMB LANE
RENO. NV 89509
702-3234224
Date of Preliminary Plat Approval: NOVEMBER 3. 1997
Type Subdivision: Residential X_ Industrial Commercial _ PUD Other
No. of Lots Proposed: 24
Land in Lots (ac.): 5.852 ac
FILING FEE ATTACHED: $540,00
Parkland:
Land (ac. )
Cash -in -lieu
Exempt _X_
Note: Minor Subdivision- $200 + $10/lot
Major Subdivision - $300 + $10/lot
Pre. Plat waived - S400 + $10/lot
Not
Attached Applicable
(MUST CHECK ONE)
X_ Health Department Certification (original)
X_ Title Report (Original, not more than 90 days old)
X_ Tax Certification (Property taxes must be paid)
Consent(s) to Plat (Originals and notarized)
_X_ Sub. Improvements Agreement (attach collateral)
_X_ Parkland Cash -in -Lieu (Check attached)
X_ Covenants (Original signature provided)
X_ Homeowners By-Laws/Articles of Incorporation (Originals)
X_ Plats: 1 opaque cloth back (hard back)
1 mylar copy
3 blueline's
Plat must be signed by all owners of record, the surveyor and examining land surveyor.
Attach a letter which lists each condition of preliminary plat approval and individually state how each
condition has specifically been met. In cases where documentation is required, such as an engineer's
certification State Department of Health certification, etc., original shall be submitted. Blanket
statements stating, for example, "all improvements are in place" are not acceptable.
A complete final application must be submitted no less than 30 days prior to expiration date of
preliminary plat.
When all final plat materials are submitted to the F.R.D.O. and the staff finds the application is complete,
the staff will submit a report to the governing body. The governing body must act within 30 days of
receipt of the final plat application and staff report. Incomplete submittal's will not be accepted and will
not be forwarded to the governing body for approval. Changes to the approved preliminary plat may
necessitate reconsideration by the Planning Board.
I certify that all information submitted is true, accurate and complete. I understand that incomplete
information ' not be accepted and that false information will delay the application and may invalidate
any approval
SEcLhrw __J 4 110NO
Owner(s) Signature Pca co OF MD.. Th yA ,1 %3 L. Date
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WATER AND SEWER SERVICE NOTES
SEWER:
1
1. Now 4' PVC SOR 35 sewer services shall be installed on Lots 1, 16 end 18. Services shag be
1 '
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located near the centers of Lots 15 and 18, and now the southeast corner of Lot 1, as shown
on this shut. Connections to the existing sewer mains shall be made with Romac Style 'CB'
sewer saddles.
I
2. On lots with more than one existing sewer service, the property owner, during the building
permit review process, shag identify which sewer service will be used. Existing location posts
I
for the unused services shall be replaced by 2' lengths of 96 robar. The robot that be driven
I
vertically into the ground so the tops are approximately 4' to 6' below the finished ground
I
surface.
I
WATER:
1. Thar* is at lust one existing water service on each of the lots, end In most cases there re as
1
many as 2 or 3 services. Each existing service terminates with a curb stop and curb box, at
I RECEIVE[
me locations shown on tM p4ns. The Evergreen Water 6 Sower District shelf be contacted
I
prior to raloceting, abandoning a connecting to any water service.
�A� 10
1998
2. Existing wetr services on Lots 1, 15, 18, 23 and 24 extend significant distances onto the
respective lots. Each water service on these lots, whether used or unused, shag be relocated
I
to terminate at respective property Imes, as shown on this sheet. Existng potyelhylsna
t�
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services lines shag be cut at the property Imes, and existing curb slops shall be relocated to
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tha property Lines. Curb boxes shell only be reinstalled on those services that will be reused.
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Unused services shall be marked with 2' lengths of 18 robar, driven vertically into the ground
so the tops are approximately 4' to 8' below the finished ground surface.
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3. Curb boxes on unwed water services on all other lots Moto 2 - 14, 16, 17 6 19 - 221 shay be
'
'
removed and be replaced by 2' lengths of 18 robar driven vortkagy Into the Around so the tops
1
are approximately 4' to 8' below the finished ground surface.
1
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