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13. Final Plat - Shining Mountain ChurchCity of Kalispell Planning Department Street East, Suite 211, KaliTell, Montana 5990 Telephone: o751-1850 Fax: 06 - 18 58 Wei: k.ipepag,om REPORT TOO Kalispell Mayor and City Council FROM: Sean Conrad, senior Planner James H. Patrick, City Manager SU&MC `: Final Plat Approval of the Resubdivision of Lot 1 of North East Addition EETING DATE; August 21, Zoo BACKGROUND: This is a residential subdivision that creates three lots. The Shinn' g Mountain church received a. conditional use permit KCU-o 1- to allow expansion of the church in 2001. The church currently occupies the entire site and would be located on proposed lot 1, The proposed lots are located in a predominantly residential . .eigh orhood with existing street, grater and sever services available lie for future development of proposed lots 2 and 3. The property is located at 475 Eight Avenue E.N. which is located on the east side of Eight Ave E.N. and north of Oregon Street in Kalis eu. The property contains nearly one full city block and is 142 feet wide and Soo Feet long or 42,600 square feet(0.98 of an acre) . The property can be described as Lot 1, Block 1, Northeast Addition located in Section 8, Township 28 North, Range 21 West, T .M.M., Flathead County, Montana. The -3 zoning for the property allows single family dwegs and permits churches provided a conditional use pest is first secured. The Shining Mountain Church received conditional use permit to expand i 2001. As a. co .d tion of approval the church was required to meet all applicable building and fire codes including meeting the re -red parking for the expanded church* Since the coT d tional use permit was issued the church has expanded however the a.rkmg requirements ents were never reset. Therefore, as a condition of approval for the preliminary plat the church was required to obtain a. letter from the Zor rig Administrator approving a. parking layout and schedule for paving the parking lot. The mm' jmum lot size requirement in the R--3 zone is 7,000 square feet and the 'MinLm m lot width is 60 feet. The lots in the subdivision comply with the zoning for the property. Final Plat for the Resubdivision of Lot t North East Addition August 2, 200 Page 2 Our office waived the preliminary plat on May 17, 2005 subject to seven Conditions because it has been found that the subdivision can meet the criteria for r lu' ,r nary plat approval waiver criteria as outlined in Section 2.0of the Kahspell Subdivision Regulations. Findings of fact for approval of the plat are found in attached staff report KW--2 wbich reviews the conditions of approval. and howthey have been met. ECbOWNDT N: A motion to adopt the findings of fact in the staff report KW -06-2 and approval of the resolution for the final plat would be in order. FISCAL -F ECTS* Potentially minor positive effects. ALERNS ' `�M As suggested by the city council. Respectfully submitted, Sean Conrad ames H. Patric Senior Planner City Manager Reportcompiled: gust 2, 2006 Theresa white, Kalispell City Clerk attachments: Transmittal letter and application Staff report KW-o - 2 Plats 2 City of Kalispell Planning Department 17-2odStreet East, Suite 211 1 Kali -spell, Mona 59901 Telephone: -8 Fax: 6 5-85 August 10, 2006 James H. Patrick, City Manager City of Kalispell P.O. Box 17 Kalispell, MT 59903 RE: Final Plat Approval for the Resubdivision of Lot f North East Addition Dear Mr. Patrick: Our office has received an apphcation for fmal plat approval from. Montana Mapping Associates on behalf of S l l Mountain Church for a residential subdivision that contains three residential lots. The property is located at 475 Eight Avenue E.N. which is located on the east side of Eight Ave EX and north of Oregon street in Kalispell. The property contains nearly one full city block and is 142 feet wide and 300 feet lore; or 42,600 square feet(0.98 f an acre) . The propel can be describedLot 1. Block 1, Northeast dition located in Section 8, Township 28 Now, Range 21 West, , M . M . , Flathead County, Montana.. 'he R -3 zoning for the property allows single family dwellings and permits churches provided a. conditional use permit is first secured. The Shining Mountain Church received a conditional use permit to expand in 2001. As a c r difi r of approval the church was re ire d to meet all applicable building and fire codes including meeting the required parking for the expanded church. Since the conditional use permit was issued the church has expanded however the parking requirements were never met. Therefore, as a condition of approval for the preliminary plat the church was required to obtaina. letter from the Zoning Administrator approving a parking layout an schedule for paving the parking lot. The minimum let size requirement in the -3 zone is 7,000 square feet and the r..lnimum lot wi t.h is feet. The lets in the subdivlsl comply VUt � zoning for the property. Final Plat for the Resubdivision of Lot 1 North East Addition August 10, 2006 Page 2 r office waived the rely ary plat on May 17, 2005 subject to seven conditions because It has been found that the subdivision can meet the . for preliminary plat approval wa.l er critcrla as outlined in Section 2.0of the Kalispell Subdivision Regulations. Specifically, It can be found that the foRowing conditions exist: 1. The plat contains five or fewer lots. 2. There is no public dedication of streets or public or pnvate parkland. 3. All lots have legal and physical access cor forr�.�'cr to the subdivision regulations. . Each lot has a. suitable building site and there are no environmental hazards present* 5. Public sewer and water are adequate and m place. . The subdivision complies with the subdivision regulations and current zoning regulations. 7. No significant effects are anticipated on agnc .lt re and agricultural water user fa.ciffities, local services, the natural environment, wildlife and wildlife habitat and the public health and safety. The Kalispell city Council will need to adopt fmdings of fact for approval found in attacked staff report K l - -2 concurrent with the .al plat approval. The fell m* g is a list of the conditions of approval and a. discussion of homer they have been met. C MPUNCE WITH CONDITIONS OF APPROVAL Condition No. 1. That the final plait is in substantial compliance with the rel.iminary plait that was waived. This condition has been met. The lots in the subdivision comply substantially with the rchmi air l plat that was waived. Condition No. 2. That a. note be placed on the face of the final plait that waives protest to the creation of a. special improvement district for the future upgrade of streets in the area to City standards. This condition has been met. The required note has been placed on the face of the plait and will be recorded with the plait. Condition No, 3. A municipal al. facilities exemption e obtained from the Montana Department of Environmental. Quality and a letter from the Kalispell Public Works Department stating that municipal water and seiner are available and will be provided to both lots. • This condition has been met. See attached MDEQ letter certifying the subdivision will be connected to municipal facilities, 2 Final Plat for the Resubdivision of Lot I Now East Addition ,august 10, Zoo Page Condition No. 4. A letter shall be obtained from the Kalispell Public Works Department stating that water and sewer services are available to both lots. This condition has been met per rote on the face of the final plat. Condition No. 5. The final plat shall indicate the location of existing building and demonstrate compliance with the development standards of the R-3 onl g district. This condition has been. met. The location of the existing building is shown, Condition No. 6. A letter shall be obtained from the Kalispell Zonin.g Administrator stating that an approved parking layout plan and schedule for paving has been reviewed and approved. A Copy of the plan shall be included with the final plat application. • This condition has been met. T'he Zoning Administrator approved the parking layout plain and schedule for paring. A copy of the approved parking layout plain and schedule for paving have been placed in the eon.ditional use permit file for the church.. Condition No. 7. This waiver of preliminary plat approval is valid for three years and shall expire on May 17, 2008. This condition has been met. The final plat was submitted prior to expiration of the ra.er. CMPUNCE WITH APPROVED PRELIBUNARY PLAT The final plat is in substantial eom l a ce with he rel r lnar r plat which was reviewed and approved. e NEPIA CE WITH THE SUBD SION REGULATIONS: This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision has been found to be in compliance with the l ahs ell Zon. n Ordinance and the R-3, Urban Single Family Residential zoning designation assigned to the property. Final Plat for the Resubdivision of Lot I North East Addition August 10, 2006 Page RW hIMN ' N: All of the conditions of preliminary plat approval have been adequately addressed. The staff recommends that the Kalis eU City Council adopt the attached staff report KW--2 as Endings of fact and approve the final plat for the subdivision. Please schedule this matter for the next regular city council meeting f August 21, 2006, You may call nee at 51-1 52 if you have any questions regarding this Sincerely, Sean Conrad Senior Planner sc Attachments: Vicinity ma 1 opaque Myl ar 1 reproducible Mylar 11 x 17 reduction Staff Report KW-- etter from n Marquardt & Marquardt Surveying Final plat application Letter from Planning Department for pre plat waiver dated. 1225 EQ approval .Q. - 2215 dated 1 18/06 Treasurers Certification dated 1/25/06 Title Report # 1 5575-F ' from Citizens Title dated 12 22 5 C w attachments R Theresa. White, Kalispell City Clerk C r attachments: Montana Mapping Associates, 1405 Highway 2 West, Kalispell, MT 59901 ShimShinm*g Mounter Church, 475 sth Ave EN, Kalispell, M 1 4 Tr -city Planning Office 17 Second St East, Suite 211 Kaspe, MT 59901 Phone: 406) 751-1850 Fax: )751-1858 FINAL PLAT APPLICATION CUMIA FALLS KALISPFLL WHITEFISH � Project/Subdivision Name. vie { 0oPerson Marne. _C_kl� LIU Address. ate f re inunary tat Approval: Owner & Mailing Address: J�J Type of Subdivision: Residential .� Industrial Commercial PUD Other Total Number of Lots in SubdivisionI g � Land n Project (acres) a cl- e Parkland acres + Cash -in -Lieu No. of LDts by Type: Singh Family Townhouse Duplex Apartment Commercial Industrial Exempt Mobile Hone Park Recreational Vehicle Park Planned Unit Development Condominium Multi-Farmily Other Legal Description of the Propel FILING FEE ATTACHED co Minor Subdivision with approved preliminary plat $400 + $ /lot Major Subdivision with approved prelirminary plat $650+$40/lot Subdivisions with Waiver of Prelixninary Plat $ + $Abpot Subdivision Improvements Agreement $ 50 j W I Attached. Not icable (MUST CHECK fAf �4# Health Department Certification r ginal Title Report Pri *real, not more thano days old) Tax Certification (Property taxes must be paid) Consents to Flat origina .s and notarized) Subdivision Improvements Agreement (Attach collateral.) 'ar da d. Cash -in -Lieu u Ch ' Maintenance Agreement Plats: opa e R rrlars mylar cop I signed blueline l elines k 4 bluelines, unsigned 11X17 Copy\ 1 IX17Copy **The plat must be signed by all owners of record, the surveyor at-i-d-tb&,examipuglsurve ror. Attach a letter, which lists each condition of r l r i ary plat approval, and i ivially state how each condition has specifically been met. In eases where documentation is required., such as are engineer's certification, State r epartme .t of Health cer f�catlor�, ,, original s shall e submitted. Blanket statements stating, for example, e, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. When all applleadon materials are submitted to the Tri- Cit ' Planning office, and the staff finds the application is complete, the staff will submit a report to the goveming body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete s l rnittal.s will not he accepted and will not be forwarded to the goveming holy for approval. Changes to the approved preliminary plat may necessitate reconsideration by the planning hoard. 1 certify that all information suhrMtted is true, accurate and complete. 1 understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for ' ri-City Planning staff to be present on the property for routine monitoring and inspection duning the approval and development process. * 1 ' TE: Please be aid that the County Clerk & Recorder requests that a1 subdivision lina plat applications be a itdigital copy. �v } to over( s sr **A d to copy of the final plat in a Braving Interchange Fie(DXF)fo rmat ant or an A t CA file format, consisting of the following layers. 1- Exterior boundary of subdivision division 2. Lot or park boundaries ndaries 3. Easements s . Loans or rights -of -way . A tie to either an emisting subdivision division corer or a corer of the public land surer system. As approved by the TCPB, Effective 1 o 2 October 12J. 2005 Kalispell City Planning 17 "" Street East Kalispell, MT 59901 Kalispell City Planner, Please find enclosed the Final Plat application for the Resub of Lot I of North East Addition located in 5 2. NW Section 8 Township 28N Range 21 W. The conditions of the Wair r of Preliminary plat ap rovaI were met ire the fallar i nq ways: 1. All electrical and underground utilities are installed and in place. . Municipal Faci lines Exemption is attached f rom Q is attached. 3. A letter f r o m the Kalispell Pub Iic Wort s e arty e t is attached. Notes appear on f final plat. . A copy of the Plan is included with this application. The Final Plat is in substantial compliance with the design of the Preliminary Flat. Addresses appear on the face of the Final Plat. Thanks for your consideration. Prof essio a I ly, VVI Rick Breckenridge Tri,-City Planning Office 17 Second Street East -Suite 211 Kalispell, Montana 59901 Phone,-. o751-1850 "a: 40) 751-1858 tricityplanningkeentu el -net www. ri i l a ing-ate. # o May 17, 2005 Rick Breckenridge Montana Mapping ,.ssociates, Inc, 05 Hwy 2 West Kaiis ell, MT 59901 Re : Waiver of Prehminary Plat Approval - Shining M o ntain Church. Dear Rick: This letter is in response to your request for waiver of prehminary plat for a. three lot subdivision located at the northeast corner of Oregon street and sthAvenue EN Ka.se. The property contains approidmately one acre and is owned by Sing Mountain tain Church. The church will occupy propose. Lot I contain* approximately .o.57 of an acre while proposed Lots 2 and 3 will contain approximately 8,000 scare feet each. Proposed Lots 2 and 3 will be oriented rit . the front of the lot along Oregon Street and proposed Lot 1 on'e ted along thAvenue EN, The property is currently zoned -3, Urban single Family Residential, and can be described as Lot I of Northeast Addition in Section 8, Township 28 Now, Range 21 West, PMM, Flathead County, Montana. Our office can fmd that the propose. subdivision meets the preliminary plat waiver criteria as provided for under Section 2.06 of the Kalispell subdivision Regulations. Specifically. it meets the followm*g criteria.: the subdivision contains five or fewer lots, (2) there is no dedication of streets or public or private parkland, 3 that the lots have legal and physical access co .fom to the subdivision regulations, each lot has a. s ita ie building site and here are .o environmental hazards i rese t;(5)�. nici al sewer and water are adequate and in place; that the subdivision complies with the subdivision are.d current zoning regulations, and that there will be no sig.ifica .t i_mact on agriculture, agricultural water users, local services or the natural environment. .e to the relatively minor impacts that this subdivision poses, this office grants preliminary plat approval subject to the following conditions: . That the finial plat is M substantial stantia.l compliance with the preliminary plat that was waived.. 2. That a note be place on the face of the fmal plat that waives protest to the creation of a special improvement district for the future gradle of streets in the area to City standards. Provides Community Planning ASista To: • City of Columbia FaRs * City of Kalispell * City of MMitefilsh�► Montana Mapping - shining Mountain Church May 17, 2005 'age 3, A. municipal facihties exemption be o tame l from the Montana Department o Environmental Quality and a letter from the Kalispell Puis Works Department stating that mu cipal water and sever service are available and wiH be provided to both. lots. A letter shall be obtained from the Kalispell Public Works Department stating that water and serer services are available to both lots. 5. The final plat shall indicate the location of e�dsting building and. demonstrate compliance with the development standards of the R-3 onm g district. . A letter shall be obtam'ed from. the Kalispell Zonm'g Administrator inistrator stating that are approved parking layout plate. and schedule for paving has been reviewed and approved. A copy of the plan shall be included with the fmal plat application. 7. This waiver of prehminary plat approval is valid for three years and will expire o May 17, 2008. Waiver of preliminary plat approval does not constitute approval of the subdivision. Please note that prior to final plait approval all requirements must be met per Chapters 2 and 3 of the Kalispell Subdivision eg latio .s. if you have any questions regarding this matter, please call Narda Wilson, Senior Planner, at this office. Sincerely, Thomas R. Jera.tz Planning Director LETTERS WA ' SHINING MOUNTAIN CHURCH.DOC Montana Department of NVIRONMENTAL QUALITY . o, Box 200901 Montana Mapping Associates Inc Rick Bre enn' dge 1405 Hwy 2 West Mr1r o f A, +1-i i y w.'.r .F. t .dear Mr Breckenridge. - Brian Schweitzer, Governor Z Helena, MT 59620-09010 4 - -_ May 10, 2005 RE: Resubdivision of Lot I of North East Addition Municipal Facilities Exclusion EQ#05-2694 City of Kalispell Flathead County This is to certify that the i . or a th.on and fees received by the D epartment o f Environmental Quality relatin g to this subdivision are in compliance with 7 - -- 2 , MCA and ARM 17-36.602. Under 7 - # .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 vhen extensions of municipal faciliftes for the supply of water or disposal of sewage are proposed 7 - - 1 (3), MCA . Construction of water or sever extensions prior* to D Public Water S . Section's approval is prohibited, and is subject to pe ait as prescribed 1 Tit]. I Chapter 6 and Title 7, Chapter 4. Sincerely, a� Janet Skaarland Compliance Technician Subdivision Section Wafer Protection Bureau (406) 444-1801 —email jskaarlandC.state.tnt.us cc: City Engineer County Sanitarian file Enforcement Division - Permitting & ComplianceDivision � Planning, Prevention Assistance Division - Remediation Division a-%110S"'i'��;11 rubl" W k"ItAT r%f Kg orks Dupartmr-,'.'�.nt ` ; %,{'.' Posh. Office Boy. 1907, Kalispell. Monlana 9 - . 9 Telephone 0 .- , Fax 06 '8-' 8 . June 15, 25 To Whom it May Concern RE: Resubdivision of Lot 1 of North East Addition Between 8th Ave. EN and 8th Ave. EN Gilley Forth of Oregon Street Kalispell, Fontana The referenced subdivision has adequate access to the water and sewer system of the City of Kalispell. In addition, the City of Kalispell water and sewer system has adequate capacity to provide service to the referenced subdivision. SIr ra Frank Castles, Assistant City Engineer Plat Room Flathead County, Montana 800 S. Main Sr. Kalispell, MT 59901 (406)758-5510 This Form is for Subdivisions &condominiums Only Y. FOR: � lDi.Cu�ioua `J�u.+.ea' DESCP: Coe. I ✓YOl"FIf aoLdG�1opn 2-a$-7.I YEARS ASSESSOR # 2000 THRU DATE pia � Avla DATEas wj'�y/0 PURPOSE Ana.Oi )O/Oy gl� t ZCN-0 :585 'YYW'MI� "'� a..a ■YIL#IIIRIIPIF#A� �YYFJYIiRM* �r 2.m54 �M'M+'t I hereby certify that there are no outstanding taxes on the propel assessorassigned the numbers listed at, the years indicated f ,oveeach assessor number, { �� °{ = s c w� �w+aYrw�7lwf rrr ' w�rwiso-�r��+"'rr.rwrr ■w Deputy Treasurer (seal) AuG 0 1 zoos PIA,tting Cer1r]ticate Issued through the Office of: �stewart title of flathead county I I PELLOEF—ICE 17 MainStreet Kalispell, MT 59901 6 755-7004 Fax 46-756-3777 WHITEFISH OFFICE (Mountain Mall 6457 Hwy 93 South, Ste 21 Whitefish, MT 599.37 6 862-791 Fax -6 -7 1 order No: STK-101992 Title Examiner: Kelley HIM .I`KI� (Aspen Grove) s000 liwy 35, Ste 2 Bigfor ., MT 59911 6 837-358 Fax 6-837-65 RTC:: Shining Mountain Church of Religious Science .. ...... ...,:,.. ..........:.:.: ".�.:.:..k:...,: •:;,,,; v....uio".fr�4i�§fYe�ivYa.:]�i'���'L.1�9E4ii�AiFaili.�9l�kKtir2.ii�.sii�kk�'�kpcixaa"si+il:li�a�svz�ii�m��K«xeiFi�l.�iiSiisri�b&y'�s#'A tk�3�2 Prepared for: Montana Mapping Associates, Inc. Attn: Kevin 1405 Hwy 2 Nest Kalispell, Montana 59901 Ask me abOut— SureClostd; 11110�' Consent to Platting Pursuant Section 76-3-612, MCA the undersigned, Three Rivers Bank of Mona, Beneficiary, as recorded September 23, 2002, Document No. 2-2 6-13 5 , records of Flathead County, Mona, hereby consents to plattingand dedication of lard included the plat of the Resubdivision of Lot North East Addition. IN WITNESS VaMREF, said paw had caused his name to be subscfibed thereto, on this V . "" day 2005. JF Y State7 4�i ._F......,� �_- ... .... .... .. s. County off „ r On this day _ � �_ 2005 before me the undersigned, a-Ntary Public for the State of personally appeared Z(:�f 12 IL�4 known to me to be the person whose naine is subscribed to Us inslTment, � acknowledged that they executed the same. In witness whereof, i have hereunto set my hand and affixed my normal seal the day and year in this certificate first above Witten. E U. My � ...... ...... C 0 Residing a M e�iss expires on �JA� (.2 Af- SUBDIVISION GUARANTEE Order No. STK- 101 05 Date of Guarantee: July 11, 2006 A, .SS A : Montana Mapping Associates B, ASSURANCES* 1) Description of the land: Guarantee No. G-1578-53872 Liability: $1,000,00 tract of lard in the S12NW1 of Section 8, Township 28 forth, Range 21 West, .M.M., Flathead County, and being a. portion of Lot 1 Block 1 of North East Addition to Kalispell, described as follows: Connnencing at the Southwest corner of said Lot 1 Block 1, said point being the True Point of Beginning of the tract of lard herein descn'bed, thence N7°07'3" E a distance of 142.17 feet along the southerly boundary of said .dot 1 to the Southwest corner of that certain tract of land as described in deed to the City of Kalispell recorded in Boob 450, page 223, records of Flathead County, thence N 1315 " 5"W a distance of 299.88 feet along the westerly boundary of said said City of Kalispell tract to a point on the Northerly boundary of said Lot 1, Block 1, thence S ° 10' 3 3 "W a distance of 142.00 feet along the said Northerly boundary to the Northwest corner of said Lot 1, Block 1; thence S13'49'00"E a distance of 300.00 feet to the point of beginning 2 Name of Proposed Subdivision .flat: The above -described tract of land is to be known and designated as the Res bd vis on of Lot 1 of North East Addition. 3 That only the hereafter named parties appear to have an interest showing in the public records affecting the land necessitating their execution of the Harmed proposed plat or map, as follows: SHINING MOUNTAINS CHURCH of RELIGIOUS SCIENCE THREE E RIVERS BANK of MONTANA C. EXCEPTIONS* 1, General taxes and assessments for the year 2005 First half: $371.14 PAID Second half: $371.12 PAID Assessor No:75-EO38594 2. General county taxes for the year Zoo, which are now a lien but not yet computed or payable. Resolution No. 3399, A resolution to approve, as a subdivision of the City o Kalispell, The resubdiision of a portion of Hansen Addition and a portion of the North-East Addition to Kalispell, of the City of Kalispell to be known as Lots 1, 2 and 3 of the Hansen Addition and portion of the North-east Addition to Kalispell No. 142. Recorded: April 16, 1982 Book/Page: 737-641 . Easements, reservations, restrictions notes and dedications, as shown on the Certificate of Survey No. 14403. , Grant of Conditional Use Between: City of Kalispell and Shining Mountain Church Recorded: December 4, 2001 Document No.: 2001- -1 o o . Grant of Conditional Use Between: City of Kalispell and Northridge Lutheran Church Recorded: January 28, 2003 Document No.: 2003- -143 o ". Easements, reservations, restrictions, notes and dedications, as shown on the unrecorded plat of Resubd ivision of Lot 1 of North East Addition. . Deed of Trust Grantor: Shining Mountains Church of Religious Science, Inc. Trustee: Sterling Title Services Beneficiary: "tree Rivers Bank of Montana ,,mount; $13500.00 Recorded: January 30, 200 Instrument No: 200 -o o-1 '7 0 . No search has been made for water rights or unpatented mining claims and liability thereon is excepted from. this Certificate. 10. The above described property is located within d subject to the jurisdiction the Kalispell Fire District. THE END hk