12. Final Plat - Blue Heron TownhousesREPORT TO:
SUBJECT
City of Kalispell
Planning Department
1. - 2nd Strom East Some � Kalispell, Montana o
Telephone: o 7 - 1 5o
.fax* 6 75 1 - 1 85
Ws : kalispellplanning.com
Kalispell Mayor and City council
Seams. Conrad, Senior Planner
James H. Patrick, city Manager
Final Plat for Blue Heron Townhouses
MEETING DATE: August 21, Zoo
BACKGROUND: This is a request for final plat approval for Blue Heron
Townhouses, a residential subdivision creating sublots on approximately
acre. The property is located west of the northwest corer of Three Mile Drive
and Stillwater Road. The lots lie on the west side of the entrance road, Blue
Crest Drive, to Blue Heron Estates Subdivision on the north side of Three Mile
Drive. The property can be described as Lot 2, 3, 4, and 26 Blue Hero. Estates
located in Section 13, Township 28 North., Range 22 West, '. M. M. , Flathead
County, Montana. The subdivision was given preliminary plat approval by the
Kalispell city council on July 18, 2005 subject to 4 conditions.
RECOMMENDATION: A motion to approve the final plat for Blue Heron
Townhouses would be in order,
FISCAL EFFECTS: Positive impacts once developed,
ALTERNATIVES, As suggested by the city council.
Respectfully six ' te,
Sean Conrad
Senior Planner
Report compiled: August 7, 2 006
amen H . Patrick
City Manager
Attachments: Letter of transmittal
Final plat application and supporting documents
City of Kalispell
Planning Department
I �/ - Street East. Suite 211, Kalispell, Montana 59901
Telephone: - 8 50
Fax-, (406) 75 - 85
August 1, 26
James H. Patrick, city Manager
City of Kalispell
P.O. (rawer 1997
Kalispell, MT 59901
e: Final Plat for Blue Heron Townhouses
Dear JIM
This is a request for final fat approval for Blue Heron Townhouses, a residential
subdivision creating 8 s bf is on approximately acre. The property is located west
of the northwest comer of Three Mile rl re and Stillwater Road. The lots lie on the
west side of the entrance road, Blue crest Drive, to Blue Heron n Estates Subdivision
on the north side of Tree Mile Drive. The propel can be described as Lot 2, 3, 4,
and. 26 Blue Heron Estates located in Section. 13, Township 28 North., Range 22 West,
P. M . M } , Flathead County } Montana. The subdivision gas pven preliminary plat
approval by the Kalispell city Council July 18, 2005 subject to 4 conditions.
The preliminary plat was approved with conditions as outlined below. The following is
a discussion of compliance with each of these conditions as well as findings f
c mphance with the city subdivision regulations and zoning ordinance.
Condition No. 1. That the development of the site shall be in substantial
compliance With application submitted, the site plan, covenants, elevation
drawings, materials als and other specifications as approved by the city council.
(Kalispell Subdivision Regulations, Appendix c - Final Plat)
0 This condition is met. The final plat complies with the approved prelim ary plat.
Condition No, 2, Pedestrian access shall ll be developed along Three Mile DrIve along
the southern boundary of Lots I and 25, Phase 1 of Blue Heron Estates prior t
the issuance of a building pest for these lots.
Final Plat for Blue Hero. Townhouses
August 10, 2006
Page 2
This condition is met. The pedestrian access has been installed along the
southern boundary of lots 1 and 2 5 of Phase I of Bice Heron Estates and has
been inspected by the Public Works Department.
Condition No. 3. All areas disturbed dun'ng development of the subdivision shall e
re -vegetated With a weed -free mix immediately after development.
This condition has been met. Revegetation has been. completed M conjunction
with. the necessary infrastructure.
Condition No. 4. That preliminary plat approval shall e valid for a period of three
years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04).
This condition has been met, The preliminary plat has been submitted prior to the
expiration of the prehminary plat approval which is July 18, 2008.
C AMSCE WITH THE SUBDIVISION REGULATIONS:
This subdivision plat has been found to be m compliance lance with the State and. City
Subdivision. Regulations.
CohWeE �THE ZONING REGULATIONS
This subdivision complies with the Kalispell Zoning Ordinance and the R-2 zoning for
the property.
RECO EVIENA:
Al of the conditions s of preliminary plat approval have been adequately addressed.
The staff recommends that the Kalispell City Council approve the fmai plat for this
subdivision. Please schedule this matter for the August 21, 2006 regular city council
meeting if possible. You may call rue at 751-1852 if I can be of assistance to you
regarding this matter.
Sincerely,
Sean Conrad
Senior Planner
Attachments: l opaque rnyiar of final plat
1 reproducible myl ar of final plat
Final Plat for Blue Heron Townhouses
August 0, 2006
Page 3
bl eline of final plat
.1x17 reduction
Final plat application dated S J8/05
Letter from MDEQ dated S/ 10/05
Title report # 7403078-1052 dated 7 / 26 / 06
Treasurer's certification dated 7/28/06
c w/ attachments: Theresa White, Kalispell City Clerk
w/o attachments: Charles , 3220 Columbia Falls Stage Road, Columbia
Falls, MT 59912
City of Kali*spell-
Planning Department
. East, Suite 211, Kalispell, Montana_59901
Telephone- (.406) 751-1850
Fax, 4 6 "751-1858
FINAL PLAT APPLICATION
Project /Subdivision Name: Blue Heron Townhouses
Contact Person:
Na J. STOKES AND ASSOCIATES, INC.
Address*322 20dAv..
�s M. 59901
Phone No.: 755-870Z_�
a e �� � Plat ►. ~ a }July 18,2005
Owner
Maw ,dreg;
*�
� �� S . - Residential X spa Commercial U Other
Total tal Number of Lots M Subdivision
LanM Project (acres) 1.0 18 A
Parkland (acres) 6 acres.- Cash -in -Lieu $ Exempt _
N. of Lots by fie:
Single Fly X Townhouse X Mobile Home Park
Duplex Apartment
Commercial - In , . stria .
C al m Multi -Family
Recreational Vehicle 'ark
Planned Unit Development
Other
Legal Description of the Property Lots and 2 . Blue Her Estates Subdivision located In
I �
Secn Township2 North, -Ran c 22 West *M,M. �t.
aea CoinMontana
FILING FEE ATTACHED $_1050
MM r Subdivislon with approved re teary plat $400 + $100/lot
Major Su divis'ion
with approved preEmainary plat $650 + $100/10t
Subdivisions With Wa�.e Prehmi.nary
Plait $600 + $100/lot
Subdivision .ores Agreement $50
I
Attached Not &pp-h�cable
X
X
X
KUST pjL�X0
Health Department C r ficat.(On'gm'al)
Title Report (Original, not more than 90 daysold)
Tax Certification (Property taxes must be aid,
Consent(s) to Plat r�g'ma.ls and notarized)
Subdivision Improvements Agreement (Attach collateral)
Parkland Cash -in -Lieu (Check attached)
Maintenance agreement
Plats: 1 opaque OR 2 mylars
mylar copy 1 signed blue
uelines 4 bluehnes, unsigned
1X17 Copy 1 IX17Copy
**The plat must e signed all owners record, the surveyor a. the �g land surveyor.
Attach a letter, which lists each condition of preliminary plat approval, and individuaRy state how
each condition has specificafly been met. In cases were documentation is required, such as a
cation State Department of Health certification, etc., Original letters shall be
submitLe . Blanket statements stag, for example, "aU ftnprovements are m lac are not
acceptable.
A complete final plat application must be submitted no less than days prior to expiration date of
the prehminary plat.
When aR application materials are submitted to the Kalispell Planning eaten. , and the staff
finds the appheation is complete, the staff will submit a report to the ver m* g body. The
gve�g body
must act within 30 da rece . the revised. r hminary .a a hcat. n and
staff rcr.
Incomplete submits wiR not be accepted and wfll not be forwarded to the g vcmin
body for approval. Changes the approved prehminary plat may necessitate reconsideration by
the plannmg board,.
certify
that aU information submitted is fie, accurate and complete, l understand that
incomplete information
will not be accepted ate.. that false information � delay the application
and. may invalidate an approval. r va . The sly this application signifies approval for Kalispell
�
Planning st
aff to be present on the property for roue monitoring and inspection during the
approval are.d development process.
**NOTE: Please be advised that the County Clerk & Recorder requests that aU subdivision
final plat applications be accompanied with a digital copy.
2
t
y<
Date
Owner(s) Signature
digitalpy e fmalpplat in a Drawm*g Interchange File XFformat or an AutoCAD file
format, consisting the following layers:
Eer boundary of subdivision.
2. 1.ot or park boundaxies
3. Easements
4. Roads or n*ghts-of-way
5. a tie either ate. cNis�g subdivision corner r a crier of thellc handsurvey system
August 10, 2005
Paul J Stokes and Associates Inc
Ed Engel PE
22 Ave West Suite .
Kalispell MT 59901
.dear Mr Engel
RE: Blue Herron Townhouses Amended Plat
of Lots 21,3 & 4 Blue Heron Estates No I and
of 26 Rue Heron Estates No
Municipal Facilities Exclusion
Qo-1 1
City of Kalispell
Flathead Cory
T .is i.s to certify that the information and fees received y the Departr ent o f Environmental Quality re at g to
this subdivision are in eon pha .ee with - y 2 , MCA and ARM .3 .6o , Under -4- 2 2 , 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 he . extensions of municipal facilities for the supply of water or
disposal of sewage are proposed - -- (3), MCA . Constr ehon of eater or sewer extensions prior to
Q, Public water Supply Section's approval is pro. ibIte , and is subject to penalty as prescribed in Title 75,
Chapter 6 and Title 76, Chapter 4.
cc, City Engineer
eer
C u'n.ty Sanitarian
file.
Enforcement Division $ Permitting& Compliance Division - Planning, PreventionPrevention& Assistance Division RemediAonDivision
TICOR TITLE INSURANCE COMPANY
Policy No. 7403078,o 1082
GUARANTEE
TICOR TITLE INSURANCE COMPANY, a California corporation} herein called the Company, guarantees the
Assured against actual loss not exceeding the liability amount stated in Schedule A which the Assured shall
sustain by re.ason of any incorrectness in the assurances sot forth in Schedule A.
. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to i
Schedule A or with respect to the validity, legal affect or priority of any matter shown therein.
2. The Company's liability hereunder shall be 11ri.te to the amount f actual loss sustained y the assured
because of reliance upon the assurance herein set forth, but in no event shall the Company's liability
exceed the liability amount set forth in Schedule A.
PLEASE NOTE CAREFULLY THE LIABILITY EXCLUSIONS AND LIMITATIONS AND THE SPECIFIC
ASSURANCES AFFORDED BY THIS GUARANTEE. IF YOU WISH ADDITIONAL LIABILITY, OR
ASSURANCES OTHER THAN AS CONTAINED HE IN, PLEASE ON ACT THE COMPANY FOR
FURTHER INFORMATION AS TO THE AVAILABILITY AND COST.
{
Dated:
4z
Authoriz S atory
3y
Attest
TICOR TITLE INSURANCE COMPANY
}* #
fi
President
Secretary
Reorder Form No. grintc 1 1 Miscellaneous Guamtee Face Page
For Use In Montana & Washington
CERTIFICATE OF PLAT
-ruarar�tee ' .: 74 0 8-1. 08
,order o.: 00
La ility: $1#00# oFee: 1o. o
ffe .tine Date of Guarantee: f10, 2006 at 7,030 Am
The Assurances referred to on the face page hereof are:
-7.at, according to the Company's y's property records relative to the following described real property
but without examination of those Company records r a'ntai ed and indexed by name):
.Tract of land, situated., lying, and being in the Southeast Quarter of the Southeast east Quarter of Section 2,
ownship 28 North, Range 22 West, . .M., flat ead County, Montana, and more particularly descri e(l as
�,()IIO s to Wit:
r
. is 2, 3 & 4 of Blue Heron Estates No. l and 'Lot 26, Blue .heron Estates No. 2 (records of Flathead County:
Montana).
"h above described Tract of .hand shallhereafter e �o� n as: Blue'Heron
Title to said real property is vested is Charles Lapp and Mickey Lapp, as Joint 'tenants.
Subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the
A der of their priority.
1
.XkCEPTIO S:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes;
or assessments on Real Property r by the public records.
. Unpatented mining claims; reservations or exceptions in the United States Patents or in Acts authorizing the
issuance thereof; water rights, claims or title to water.
. Title to any property beyond the lines of the real property expressly described herein, or title to streets, roads,
avenues, lanes, gays or waterways on which such real propel abuts, or the right to maintain therein vaults,
Tunnels, ramps, or any other structure or improvement; or any rights or easements therein unless such property,
rights or easements are expressly and specifically set forth in said description.
. Taxes, including any assessments collected therewith, for the year 2006 which are a lien not yet payable.
. An easement for the purpose shown below and rights incidental hereto as set forth in document:
Granted to: American Telephone and Telegraph. Company, a New York cororation,
Purpose: Public Utilities}
Recorded: November 2, 1993,
Instrument No.: - 0 -0 5 -0, of Official Records. (Affects: Blue Heron Estates No. 1);
. Terms and provisions of State of Montana, Department of Environmental Quality, Certificate of Subdivision Plat
Approval, recorded with Vogler Subdivision on August 6, 1997 Instrument No. 1 '-2 - 1 -, of Qffmial
Records .
7
e`er rns, ro Ylsi ions'. covenants, cond'tlons, de n't ons, ob 'gations, reservations and restrictions. contained in
4 Document.
Purpose: Subdivision Improvement Agreement
Recorded: August 6, 1997
Instrument No.: 1 - 1 -113 -0, of Official Records.
S. Easements, reservations, restrictions, notes and/or dedications as shown on the ff� lai plat of Sdivision NNo.
,
. Covenants, conditions and restrictions, 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 orb relates to handicap but does not discriminate against
handicapped persons as set forth in the document. warranty Deed,: ti
5 f
Recorded: August , 2001.
Instrument No.: 2001 -2 1 -1 11- , of Official Records.
1 Terms, pro l ions., covenants. conditions, definitions, obligations, reservations and restrictions, contained
in
Document -
purpose: Resolution No. . .. Resolution to provide for the Alteration of the Boundaries of The City
of
Kalispell by including therein as an Annexation.
Recorded: June 9, 2 00
instrument No.: 22 00 -1 0-110 -0, of Official Records.
1.1. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in
Document;
Purpose: Petition to Annex and Notice of Withdrawal From Rural Fire District
Recorded: June 9, 2003i
instrument No.: 200 -1 0-110 --0. of Official Records.
12... Easements, reservationsl restrictions, notes and/or dedications as shown n the recorded plat of Blue -ern
Mates No. 1. (Affects: Blue Heron Estates No. 1
1 -3, Terms and provisions of State of Montana, Department of Environmental Quality, Certificate of Subdivision flat
Approval, recorded with Blue Heron Estates No. I Instrument No. 2 -2 -1 - , of Official . cords.-
(Affects; Blue Heron Estates No. 1
1. Covenants', conditions and restrictions, 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 orb relates to handicap but does not discriminate against
handicapped persons as set forth in the document.
Recorded: January 22, 2004.
Instrument No. - 200 -0 2-1 1-0 AND First Amendment of Design, Guidelines, Conditions, Covenants and
Restrictions of Blue Heron Estates No. 1 recorded September 12, 2005 Instrument No. 200 -2 -1 0-0, of
Official Records. (Affects: Blue Heron Estates No. 1
15. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in
Document:
Purpose: Subdivision Improvement Agreement
Recorded: January , 200
Instrument No.: 00 -023�O 1 -0, f Official Records. (Affects: Blue Heron Estates No. 1
1 ern , rOvisions, covenants, conditions, definitions. �3 ligations, reservations and r stncti ins, contained in
Document:
Purpose. Grant of Conditional Use Fermat to allow the conversion of single family lots to two nit townhouse lots..
Recorded: April 0, 2005
Instrument No.: 00 -110-1 01-0, of Official Records.
'. Easements, reservations, restrictions, notes and/or dedications as shown on the Official plat of Blue Heron estates
. 2. (Affects: Blue'Heron. states No. 2
. Terms and provisions of State Of Montan , Department of EnvirOrme tal Quality, Certificate of Subdivision Plat
Approval , recorded with Blue Heron Estates No. 2, September 9, 2004, Instrument No. 200 -2 - 123 0-0, Of
Official Records. (Affects: Blue Heron Estates No. 2
19, Over ants conditions and re t ictionsl but on tti. any covenant Or restriction based race. color, religion, sex,
handicap, familial status, Or national origin unless and only t0 the extent that said covenant a is exempt under
Chapter 42. Section 3607 Of the United States Code Orb relates t0 handicap but does not discriminate against
handicapped persons as set forth in the document,
Recorded: September 9, 2004.
instrument N0.: 200 -2 5 3 -12 3 1-0 Of Official Records. Affects: B l: Heron Estates No. 2
0. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained i
Document:
Prose: Subdivision. Improvement Agreement
Recorded: September 10, 200 ; .
Instrument ent No.: 2 -2 - 1 5- , of facial Records, (Affects -Blue leer estates No. 2
21. Easements, reservations, restrictions, rotes and/or dedications as shown on the unrecorded plat Of Bluelieron
Townhouses.
21 NOTE- The property deseri'bed has petitioned the City of Kalispell t0 be hexed and t0 withdraw from. the West
Valley Rural Fire Department.
THE END
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Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406)758-5510
This Form is for Subdivisions & Condominiums Only
SANDS
BY:
R: LAPP DATE: 7/27/2 W
-._ '
SCP: BLUE HERON TOWNHOUSES PURPOSE:AMD PLAT
L.24 BLUE HERON EST NO 1 & L.26 BLUE
HERON N EST NOT 2 IN .2 -22
I hereby certify that there are no outstanding takes on the eery
assigned the assessor numbers listed for the years i di a for
each assessor number.
Ck
Deputy Treasurer
(seal)
JUL 2.8' 2006