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1. Final Plat - Stillwater Bluffs SubdivisionCity ot Kalispell Planning Department "dStreet East., Suite 211, Kalispell, Montana 991 #a: 6 REPOT.' TO: Kalispell Mayor and City Council FROM Thomas R. Jentz, Director James H. Patrick, City Manager SUBJECT Final Plat for Stillwater Bluffs MEETVi r DATE: January 3, 2006 BACKGROUND: This is a request for final plat approval of Stillwater Bluffs Subdivision. The subdivision contains 8 single family detached residential lets and 12 two -unit townhouse ts, for a total of 32 lots on approximately 12.45 acres. The property is zoned R-3, Urban Single Family Residential, and - , Two Family Residential. The property is located on the east side of Country Way South between Granrud Lane and Country Way. majority of the required infrastructure has been completed and constructed in accordance ce with City standards. The remaining improvements are ea r g addressed with a subdivision improvements agreement and a. letter of credit in the amount of 1.25 percent of those costs totaling $81,875. It is anticipated that the remaar .ing improvements will be completed by July 30, 2006 in accordance with the agreement. The remaining work includes completion of a lift station, street lights, street trees and parkland improvements. The subdivision was given preliminary plat approval With 18 conditions y the Kalispell City Council on October 4, 2004. A list of the conditions of prel.=* Ina y plat approval for this subdivision and a discussion of how they have been met or otherwise addressed is included with the transmittal letter attached. REC MIM1 ' A I 1 : A motion to accept the subdivision mpr vements agreement and approve the fmal plat for Stillwater Bluffs Subdivision would be in order. ISCA EFFECTS. Potential positive impacts once developed. ALTERNATIVES. 'IVES. As suggested y the City Council.. Page Respectfully submitted, cl� Thomas R. Jentz Director Report compiled: December 23, 2005 f mames H. Patrick City Manager Attachments: Letter of transmittal Vicinity map Final plat Final plat application and supporting documents 2 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 7th day of November 2005, by and between the CITY COUNCIL, City of Kalispell, Party of the First Fart and hereinafter referred to as the C " I� and Mission ion Northwest Development, LLC a Corporation, located at P.O. Box 1858, Missoula, Montana , Party of the Second Part and hereinafter referred to as . DEVELOPER. WITNESS : THAT WHEREAS,, the Developer is the owner and developer of a new subdivision known as Stillwater Bluffs, located in the NW 1, Section 3 1, T 2N, R 21 W, Flathead County, Montana and, WHEREAS, the Cl-ty has conditioned its approval of the final plat of Stillwater Bluffs upon the conditions as set forth in the Preliminary Flat of the Subdivision being completed and all improvements as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the completion of those improvements ents set forth in "Exhibit A"'; and WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide financial security of 12 % of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit "; and W ERAS, the estimated total cost of construction of said improvements is the sum of $,5oo,o. I OW, THEREFORE, in consideratiori of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: . The Developer shall deposit as collateral with the City a Letter of Credit, in the amount of l ,.. Said Letter of Credit has an expiration date of at least sixty days following the date set for completion of the improvements, certifying the following: City of Kalispell Subdivision egulations Page 1 o, , a. That the creditor guarantees funds in the sum of 81,8.0, 1 2% of the estimated cost of completing the required improvements in Stillwater Bluffs. b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limit of credit stated in the letter. 2. That said required improvements shall be fully completed by July 30, 2006, 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of one 1 year from the date of acceptance of the completion n f those improvements by theCity; c. That the Developer knows of no defects in those improvements; d. That these improvements are free and dear of any encumbrances or liens; e. That a schedule of actual construction casts has been filed with the City; and, f. All applicable fees and surcharges have been paid. . The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in conformance with said specifications. City of Kalispell Subdivision Regulations Page 2 of 5 IT S ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, T -WIT * That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the secIf cations, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ such funds as may necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year City of Kalispell Subdivision egulalions Page 3 of 5 STATE OF MONTANA COUNTY OF On this day 2 � ` r me, . Notary .public for the State of Montana, personally appeared known to meto he the hose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same, N WITNESS WHEREOF, I have hereunto set my hand and affixed nly�otaral deal this day .d year first above written. -.......... .v.n-......v . 4%4' tary Public for the State of Montana Residing at Expires.My Commission MAYOR, CITY OF KA ISPEL 0 Mayor ATTEST: LM Finance Director City of Kalispell Subdivision Regulations page 4 of EXHIBIT Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana. EXHIBIT This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. CHECK CONSTRUCTION ESTIMATED APPROPRIATE COMPLETION CONSTRUCTfON IMPROVEMENTS Box DATE COSTS Lift Station 30 $ 3 3 5 00.0 Street Lights 3 0 $ 3,000.00 Site Grading & Seeding 7/30/06 $ 5,700.00 Street Trees 3 00.00 Parkland Improvements /30 $ 105000.00 Engineering & Surveying 7/30/06 $ 4,500.00 SUBTOTAL FEES TOTAL COST TOTAL COLLATERAL (TOTAL COST x 125%) �ooto $ 1,1.00 City of Kalispell Subdivision g lati ns Page 5 o, Letter of Credit No. 121405 Dated: December 14, 2005 Expiration Date: September 30.. 2006 Amount: $81,875.00 Kalispell City Council City of Kalispell PO Box 1997 Kalispell, MT 59903 We hereby establish In your favor are irrevocable letter of credit up to the aggregate amount o 1 78.00 at the request of Mission Northwest Development, LLC. If Mission Northwest Development, LLC falls to complete the specified subdivision improvements in the Stillwater Bluffs Subdivision within the time period set forth in the attached improvements Agreement, we will pay on demand your draft or drafts for such funds, to the limit of credit set forth herein, as are required to complete said improvements. All drafts must Indicate the number and date of this letter of credit and be accompanied by a signed statement of an authorized official that the amount is drawn to install improvements not installed in conformance with the Improvements Agreement and specifying the default or defect In question. All drafts must be presented prior to the expiration date stated above, and this letter of credit must accompany the final draft for payment. This letter may not be withdrawn or reduced in any amount prior to its expiration date except by your draft or written release. First National Bank of Montana, Inc. Wade E Elder City of Kalispell Planning Department I 7F- T� Street East, Suite 2. 11. Kalispell, Montana 59901 December 27, 2005 Mr. dames Patrick, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Stillwater Bluffs Subdivision Dear Jim. This is a request for final plat approval of StiRwa.t r Bluffs Subdivision. he subdivision contains 8 single far .11 r detached residential lots and 12 two -unit townhouse lots, for a total of 32 lots o. approximately 1. 2. 5 acres. The property is zoned R-3, Urban Single Family Residential, and R- 4, Two Family Residential. The property is located on the east side of Country Way South between Granr .d Lane and Country trry Way. majority ority of the required infrastructure has been completed and constructed in accordance with City standards. The remaining improvements are being addressed � � a subdivision s or im rovernents agreement ent and a letter of credit * the amount of 125 percent of those costs totaling $81,875. It is anticipated that the ror air g un roverr or is will be completed by July 30, 2006 in accordance with the agreement. The remainm g work ire eludes completion of a lift station, street lights, street trees and parkland improvements. The subdivision was given preliminary plat approval with 1.8 conditions s y the Kalispell City Council on October 4, 2004. A fist of the conditions .ors of rellrnm*ary plat approval for this subdivision and a. discussion of how they have been mot or otherwise addressed is included with the transmittal . letter attached. CoMPLLkNCE W CONDITIONS OF APPROVAL: Condition No. 1 Development of the subdivision shall e platted in substantial compliance with the approved preliminary plat which governs the number and location of Lots within the subdivision, common areas and roadways. This condition has been met. The lots have been platted as approved* Condition No. 2 All of the public infrastructure shall be constructed in accordance with the Kalispell Standards for Design and Construction and. the Ka .ls ell Subdivision Regulations. A letter from the Kalispell Public Works Department artment shall be submitted, stating that the plains and specifications cations for the subdivision have been reviewed and approved, by that department for compliance with City standards. This condition has been met. Attached is a letter from the Kalispell Public Works Department dated April 18, 2005 that approves the construction plans and specifications. Condition No. 3 A letter from are engineer licensed in the State of Montana shall be submitted at the time of final plat certifym*g that the improvements have been installed according to the required specifications along with a letter from. the Kalispell Public Tors Department stating that the required improvements have been inspected and comply with the City standards. This condition has been met per letter dated November 21, 2005 from Erik Garberg, , P.E. certifying all work installed to date. In addition a letter Frank Castles Kalispell Public Works Department dated December 23, 2005 approving all work to date is enclosed. Condition No. 4 That a Municipal Facilities Exemption shall be obtained from the Department t of Environmental Quality for the subdivision. This condition has been met per the attached Municipal Facilities Exclusion Checklist signed by Frank Castles, Assistant t City Engineer. Condition . 5 That the developer shall obtain written approval for the proposed extension of Country Way South from the County Road Department and any conditions or improvements associated with the approvals be completed prior to final plait submittal. This condition has been reset per attached letter from County Road Superintendent Charlie Johnson dated November 10, 2005 and letter from Assistant City Engineer Frank Castes dated April 19, 2005. Condition No. 6 The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform "Traffic Control Devices Manual and approved by the Kalispell Fire Department nor to final plat submittal. This condition has been .met. Attached is a letter from Fred Zavodny, Kalispell Public Works dated. November 4, 2005 approving street names. Condition No. 7 The developer shall provide a plan for mail service approved by the U.S. Postal Service. This condition has been met. Attached is a letter from the U.S. Postal Service dated July 27,2004 that approves the plans. C d No. 8 Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. This condition has been met. Street fights are included in the Subdivision Improvements Agreement. Condition ition No. 9 In consultation with the his eR Parks and Recreation Director, the parkland dedication requirements shad be met with a combination of land and park inr vements within the area designated on the plat as the homeowners park, speck plan shall be developed for those improvements and. Witten approval shall be obtained from the Kalispell Parks and. Recreation. Director. 'hose improvements shall be made prior to the submittal of the fmal plat a ph ation or bonded for in accordance with the provisions of the Kalispell Subdivision Regulations. This condition has been met. Attached is a letter from Kalispell Parks Director Michael Baker dated October 17, 25 approving the parks and larrdcai* plan. Completion of these ice. r vements is included 'in the Subdivision Improvements Agreement. Condition No. 10 That m Five foot landscape buffer be placed between the curb and the sidewalk which shall be landscaped in accordance with a. plan reviewed and approved by the Kalispell Parks and Recreation irect r. • This condition has been met. Attached is a letter from Kalispell Parrs Director Michael Baker dated October 17, 2005 approving the parks and landscaping plan. Completion of these improvements is included in the Subdivision Improvements Agreement. Condition iti ll utilities shall be installed underground. This condition has been met, All utilities are designed and constructed underground. Condition i No. 12 That the following shall be' revie red and approved by the Ka is en Fire Department: a. water mains designed to provide minimum fire flows s shall be installed at approved locations. M inns . fire flows shall be in accordance with Uniform Fire Code 1 ) Append III -A. b. Fire hydrants shall be provided at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with Uniform Fire Code Article 9. This condition has been met. Please see attached letter from Fire Marshall. Jim Stewart dated February 22, 2oo. Condition o. 13 That a n * =' urn of tiro -thirds of the necessary infrastructure for this subdivision shall be completed prior to fmal plat submittal. This condition has been met. Please see attached. Subdivision Improvements Agreement. Condition No. 14 That a homeowners association be established for the m * tenar�nce of the commonarea based o o-grata . e of costs. • This condition has been reset. In addition there is a note on the plat distributing the assessment across all the owners for the common areas. Condition No. 15 All areas disturbed during development of the subdivision shall be re -vegetated with a geed -free mix immediately after development. This condition has been met* It is included in the attached Subdivision Improvements ents greement. Condition No. 16 Proposed Lots 20A and 20B be renumbered as 20 and 21 and a note be placed on the face of the final plat that denotes their purpose, i.e. "Lot 20 shall be developed with a single family residence and. Lot 21 shall be used for storage of equipment for common area maintenance." Alternately, Lot 20B can be eliminated all together and made part of the common area if the sole purpose of the lot is to provide a. storage shed for maintenance equipment for the common area. This condition has been met. The on'gm*al lot 20B as show, in the preliminary plat has been eli.mina.ted and included in the common area.. Condition No. 17 A note shall be placed on the face of the f"mal plat which states, "Property owners wave protest to the creation of a special improvement district for the upgrade of roads in the area. to City standards which would be impacted by this subdivision* 10 This condition has been met per rote on the face of the final plat. Condition No. 18 That prehminary plat approval shall. be valid for a period of three years from the date of approval. Kalispell Subdivision Regulations, Section 2.04). + This condition has been met. The prelimir�ary plat was granted October 4, 2004. COMPLIANCE APPROVED '',RE ARPLAT The final plat is In compliance with the prellniimary plat which was submitted are approved.. C CE WITH THE SUBBSI �� NS, �S This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. CMIPLLkNCE THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance, the -3 are R- zoning, and the conditional use pest granted earlier this year. RECO AN, All of the conditions f preliminary plat approval have been adequately addressed. The staff recommends that the Kalfs eH City Council approve the final plat for this subdivision. Please note that the Subdivision Improvements Agreement should be accepted along with the final plat approval. Please schedule this matter for the January 3, 2006 regular city council meeting if possible. You may call me at 751 l 5 if l can be of assistance to you regarding this matter. Sincerely, Tom Jentz Director Attachments: Vici ty map I opaque mylar of dal plat 1 reproducible uylar of final plat 1 blueline of final plat Letter from Robert Stauffer, Schwarz Engineering dated 9 / 15 / 05 Final plat application dated 11 / 1 / 05 City Resolution #4933 -Conditions of refirrim*ary plat approval Letter from. Kalispell DPW dated 4 / 1 5 Letter from Erik Garberg, Schwarz Engineering dated 11 / 21 / 5 Letter from Frank Castles, KPW dated 12 / 23 / 5 Municipal Faeffities Exclusion checklist Letter from Kalispell DPW dated4/19/05 Letter T Road Superintendent t Charlie Johnson dated 11 / 1. / 05 Letter from KPW Fred Zaody dated 11 / 20 0 5 Letter from U.S. Postal Service dated7/27/04 Letter from Kalispell Parks & Recreation Dept. dated 1 / 1. / 5 Letter from Kalispell ell Fire Marshal Jim Stewart dated. 11 / 22 / Letter from. MDEQ EQ 5-2 1 Letter from Environmental Health Services date. / 2 2 / 5 Title report #7208926-1288 dated 9/28%05 Consent to plat from Mission Northwest Development LLC dated 11/18/p5 Treasurer's certification dated 1 J28/OS Covenants Subdivision Improvements Agreement dated 11/7/05 Irrevocable Letter of Credit from First National Bank of Montana dated 9/ 12/05 11 x 17 copy of final plat Robert Stauffer, Schwarz .ri t r and Engineering, Inc. 100 Financial Drive, Suite 120, Kalispell, MT 59901 Theresa White, Kalispell City Clerk ARCHITECTURE December 1 5, oo Ms. Narda Wilson Kalispell Planning Department 17 Second Street East Kalispell, MT 59901 e: Final Plat for Stillwater Bluffs Subdivision Dear l r a: R�,� ECEOVE" U Vlrrl� UD LJO." 15 2905 V4;1.1.13PELL PLANNING DEPARTMENT W7771 SCHWARZ Mission Northwest Development, developers of Stillwater bluffs Subdivision, wish to file for Final Plat Approval of this time. Improvements ents have been completedcomplefed as described in tl e following item -by -item breakdown of the eighteen (18) conditions listed in the Preliminary Plot Approval dated October 4, 2004. A final plot application with filing fee and Subdivision Improvement ent Agreement addressing the conditions which are not complete are also enclosed. 1. The site has been developed in substantial conformance with the approved Preliminary Plot. 2. The roadways ys for the project are partially completed and have been and will be constructed in accordance with the City of Kalispell adopted Standards for Design and Construction. A letter from licensed engineer certifying the roadway improvements ents that have been completed is enclosed. The incomplete portion of the right -of -ay construction has been included in the Subdivision nroverent Agreement and has been bonded for. 3. A letter from a licensed engineer certifying the improvements ents that have been completed to date is enclosed. A final certification letter will be submitted when all the improvements have been completed. . A copy of the letter from the Montana Deportment of Environmental Quality approving the Municipal Facilities Exclusion and the approval letter from Environmental Health Services approving the plans and specifications for the project are enclosed. 5, A letter from tl e Flathead County Roca Department approving the improvements ents to Country Way South is enclosed. . Roads wiffn the subdivision have e been nar e l and approved per fhe Kalispell Public Works Department. Street signs have been insfalle i. . A fetter from the U.S. Postal Service approving the mail delivery plan is enclosed. . Street lighting has been installed in the Subdivision and has been located within the development so as not to intrude onto adjoining properties. L 100 SCHWARZ ARCHITECTURE AND EN61 N 1 N # INC. Financial Dr., Suite 720 - Kalispell, MT 59901 - Tel: 406.755.1333 - x: 406.755.1310 - vim. r r . o Alarda Wilson., Kalispell ispell lanning Department Re. -Final Plat for Stillwater Bluffs SubdivikOo11. 1211512005 Page ' of ' A letter from the Kalispell Parks Department approving the parkland plan is enclosed. 10. A six foot landscape buffer has been placed between the back of curb and the sidewalk. . landscaping plan has been approved the Kalispell Parks Department. 1. Aii uNifies have been installed underground. 12. Water mains and hydrant locations have been reviewed and approved by the Kolis ell Fire Department. A letter is enclosed. 13. Two-thirds of the infrastructure improvements ents have been completed. A break -down �s included with the Subdivision Improvement Agreement. ent. 14, Abbreviated Homeowners Association Docurnents addressing maintenance of the common areas are enclosed. A detailed set of Conditions, Covenants and Restrictions are being developed and wili be filed as soon as they are completed. . Areas disturbed during construction gill be seeded ith a weed -free mix. This item has been included in the Subdivision Improvement Agreement. 6. Lots 2oA and 20B will remain as originally proposed. . A note has been placed on the Final Plat as requested. The Subdivision Improvement ent Agreement ent lists the items which have not been completed, projected construction costs and completion dates. Also enclosed are a Title Report and two signed Mylar copies of the Final Plat of Stillwater Bluffs Subdivision. Please call me if you have any questions. Sincerely, 1,CHWARZ ACiT,CTP ENGI ii Inc. Lbt=, Stauffer Enclosures as Listed Cc: Mission Northwest Development Project File # 1 6.02 `� i�,server\d cur eats\Project µi<E�s euscher, LarrytiMa{ er Bluffs lisp tior-�\Nrda Mibnn, Decernber 15', 2 0 - oc CI*ty Kalispell Planning Department nd 1 - 2 Street East, Suite 211, Kalispell, Montana 59901 Telephone: 406751-1850 Fax: 4 6 71-1858 FINAL PLAN' "PLICATION Project /Subdivision Name: Stillwater Bluffs Contact eras: Name; Schwarz Architecture & Engineering, Inc. Address: 100 Financial Drive, Suite 12 Kalispell, UT 59,901 Phone No.: 4 -755 * 1 33 Date of Preliminary PlatApproval: 10.4.20 4 Owner & Mailing ,address: Mission Northwest Development, LL P.C. Box 15 Missoula, MT 59806 Type of Subdivision; Residential X Industrial CommercialPUD Other Total Number of Lots Subdivision 32 Lots Land in Project (acres) 12.45 Acres Parkland (acres) .7 Acres Cash -in -Lieu $. No. of Lots by fie: Single Family 32 Townhouse Duplex Apartment Commercial Industrial Co .domm* i m Multi -Family Exempt .mobile Home Park Recreational Vehicle Park Planned Unit Development Other Legal Description tion of the property Tracts 5H & SHA in Section 31, T 29N R 21W, P.M.M., Flathead County, Mc. FILING FEE ATTACHED $3,900,00 Minor Subdivision with approved prelirninary Plat $400 + $100/lot Major Subdivision with approved preliminary plat $650 $100/lot Subdivisions with Waiver of Preliminary Plat $600 $100/lot Subdivision Improvements Agreement t $ 50 1 Attached Not Applicable (NIUST CHECK ONE) X Health Department .t Certification on (Original) X Title Report (Original, not more than 90 days old) X Tax Certification (property taxes must be paid) X Consents to Plat (Originals and notarized) X Subdivision Improvements Agreement (Attach collateral) X Parkland Cash -in -Lieu (Check attached) x Maintenance Agreement X Plats; l opaque OR mylars 1 nlar copy f signed blueline lclins 4 bluelines, unsigned . f X t 7 Copy f 1 X 7 Copy The plat must be signed by all owners of record, the surveyor and the 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 letters shall be submitted. Blanket statements stating, .for example, "all improver ents are in place151 are not acceptable. .A complete final plat application must be submitted no less than 60 days prior to expiration slate of the preliminary plat. When all application materials are submitted to the Kalispell planning Department, ent, 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 revised preliminary inar, plat application and staff report. Incomplete submittals 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. f certify y that all information submitted is true, accurate and complete. f understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing o this application signifies approval for Kalispell Planning staff ` to e present on the operty or routine monitoring and inspection during the approval and development process. E. ase a led that the County Clerk & Recorderrequests that all subdivision final pla ap s a ompanled with a digital copy. s i 're Date A digital copes c final plat in a Drawing Interchange File (DXformat or an AutoCAD file format, consisting of the following layers: ..exterior boundary of subdivision 2. Lot or park boundaries 3, Easements . Roads or fights -of -way 5. A tie to either an existing subdivision corner or a corner of the public land survey system. 2 RESOLUTION NO.. 4933 A RESOLUTION CONDMONALLY APPROVING PRELUqINARY PLAT STELLWATER BLUFFS SUBDIVISION, MORE PARTICULARLY DESCRIBEDS ASSESSOR'S `TS 5H ANDSHA IN SECTION 3, TORrNSHIP 29 NORTH RANGE 21 WEST, P-M-M-FLATHEAD COUNTY, MONTANA. WHERE . , Lam and Sandy fleuscher, the owners of the certain real propel described above have petitioned for approval of the Subdivisl"on Plat of said propel, and WHEREAS} the Kalispell City Planning Board and Zoning Commission held a public hearing on August 10, 2004, on the proposal and reviewed bdi vision Report #KPP -04-10 issued by the Tri-City Plying Office, and WHEREAS, the Kalispell Cif Planning Board and Zoning Commission has recommended .m approval of the Priming flat of Stillwater Bluffs Subdivision, subject to amain conditions and recommendations,and- WHEREAS, the City, Council of the City ofKalispell at its regular Council Meeti-ug of Sr 2004 , reviewed the - City �x Report #K - ; _ , reviewed the 'recommendationsh Kalispell City Planning Board and Zoning Commission, and found from the Preliminazy Plat, and evidence, that ffie subdivision Us ix the public ii-Iter-est NOW THEREFORE, BE IT RELSOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION 1. That the Findings of Fact contained in Tri-City Planning Office Report KP-- 10 are hereby adopted as the Findings ofach City Council, SECTION H. That the application of the Heuschers for approval h Preliminary Plat of Stillwater Bluffs Subdivision, Kalispell Flafficad County, Montana is hereby approved subject to the following conditions: Development of thsubdivision shall be platted in substantial compliance with the approved prelinu*nary plat which governs the number and lain of lots within the subdivision, common areas and roadways, t . 2. All of the public inftastructure shall be constructed in accordancewith the spell Standards for D imSubdivisionand Construction and the Kalispell Relations with the exception ofthe road"y which shall be designed and constructed in accordance with an alternative plan approved by the Kalispell Public Works Department and the Kalispell City Council. A letter from the Kalispell Public Works Depaftment mil be submitted stag that the ply and specifications foT the subdivision have been reviewed and approved by that deparftnent for wmpliance with City standards. Aletter from an engineer i in the State of Montana shall be submitted at the time of fiml plat certifying that the improvements have been installed according to the required specifications along with a leer from the Kalispell Public Wow Depaitraent stating that the required iwrnrs have been inspected and. comply with the City stwidards, That a Municipal Facilities E'xemption shall be, obtained from the Department Environmental Quality for the subdivision. . That the developer shall obtain wn'ttenapproval for the proposed extension of Country Way South from the County Road. Depariment and any conditions or improvements associated with the approvals be completed prior to fmal plat siibmittal, 6. The roads withiin the subdivision shafl be ilanied and signed in accordance with thepolicies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and approved by the Kalfl Fire Departnent pn'or to final plat submittaL r The developer shall pro -vide a plan for mall serviix approved by the U.S. Postal Service.. 8. Sit l i tinshall be located with the subdivision and shall be shielded that it does not ink.e unnil onto adjoining properties. 9. in consultatioii with the Kalispell Parks acid Recreation Director., the parkland d d. atio7i reqimmnts shall be net witb a combination of land and park improvements within the, area designated on the plat as the . m in rs" park. A specificplan sball veld for those improvements wid written approval shall be obtained from the Kalispell Parks and. Recreation Director. nose improvement shall be made r r to the submittal of the final plat application r bonded for in accordance with the provisions of the Kalispell Subdivision Regulations, . That a minimiun five foot landscape buffer be placed between the curb and. the sidewalk- which shall be lmdscaped in accordance Nvith a plan reviewed and approved by the Kalispell Pa - and Recreation Director. f All utilities shall be installed nrr 2. That the following shall reviewed and approved by to Kalispell Fire Department: . Water MX'ns designed to provide minimurn fire flows shall be insWled at approved Jocafion.s. Minimin fire flows shall be in acconlance with Uniform Fire Code(1997) Appendm W -A, b, Fire hyd=ts shall bc- provided at locations approved by this department, 1pnor to combustible construction. r Fire Department access shall be provided in accordance with Uniform Fire Code 1' Article . . That a minimum of two-thirds of the necessary inframoture for this subdivision shall be completed prior to final plat submit. { That a homeowners association be estabfishLAd.for the maintenance of ther.marea based upon a pro-rata she of costs. 15. All are.s disturbed dig developmentof the bdivi shall bre-vegetated with -fie mix immediately after development. . Proposed Lots 20A and 20B be renumbered as 20 ud 21 and a note be placed on the face of the final plat that denotes theirpurpose, ix. "'Lot 20 sMl be developed with a singlen residence and Lot 21 shall be used for storage of equipment for common area maintenance."' ,mtcy, Lot 20B can he 41"minatedall together and made pW ofthe cornnionarea ifthe sole purpose of the lot is to providestorage shed for maintenance equipment for the common area, . A note shall be plate on the face of the final plat which states, "Troperty owners waive protest to the creation of a special improvement district for the upgrade of roads in the area to City standards whieb would be impacted by this subdivision." 18, That preliminary approval shall be valid for a peuodr om the date of approval. SECTION . Upon proper review and filing of the Final Plat of said subdivision in the office of the Flathead County Clerk and Recorder, said promises shall be a subdivision of the City of Kalispell, PASSED AN7D APPROVED BY'THE CITY COUNCIL AND SIGN-ED BY THE MAYOR OF TBE CITY OF KALISPELL, THIS 4TH DAY OF OCTOBER,2004ILI t Zz &I 2 s ,� i �.• „+ Pamela B. Kennedy $ Mayor - TEST: �-T6resa White city clerk {CI*tyKali*spell Post Office Box 1997 Kalispell, Mona 90- i-7720, Fax (406)758-7831 April 18, 25 Walter M. Lauder , Environmental Engineer Specialist Public Water Supply Section Public Water and Subdivisions Bureau 100 Cooperative Way, Suite iQS lCatispeil, Mt. 59901-2389 : Stillwater Bluffs Subdivision Kalispell, Montana Dear Max, This letter is to confirm that the City of Kalispell has reviewed and approved the construction plans and specifications prepared by Schwarz Archite.ture and Engineering, Inc., for the referenced project. The Kalispell sanitary sewer system has adequate capacity to serve the project. Please feel free to call if you have any questions. 5111Ci'i"E3ly, Frank Castles, P,E, Assistant City Engineer F Robert W. Stauffer, P.E. Schwarz Architecture and Engineering, Inc. ARCHITECTURE n,Z' rM ;, Z. . M. M. ICV November 21, 25 Frank Castles, P.E. City of Kalispell Public Works Department P.O. Box Kalispell, MT 59901-1997 e: Stillwaf er Bluffs Subdivision Dear Frank. - We hereby certify taf we have inspecfed fhe imravemefs . Siwfer Bluffs Subdivision. a fhe besf of our knowledge and belief, we have foam' these improvem-enfs not included in the Subdivision Improvement Agreem—e f to be i substanfidl conformance wlfh the approved la s -d- sp.e'di -afe s# One. Year Warrfy Bond in f he amou nf of 1 % of the cosf of f he irasrf ure improvements has been submitfed. Sincerely,. SCHWARZ ARCHITECTURE & ENGINEERING., Inc. 400 40 tF ... 14,-.1JF . .. ++. 411 Erik Geg, P.E. C: Project File # 1170-04 Saeserver\doc eats\Project Files eusc her, Larry\Sfil[water Bfuffs\1ns ection erflfication Letter to Frank Castles. N ovember 2 1. 2005.doc SCHW^RZARCHITECTURE AND EN61NEERING, INC. 100 Financial Dr., Suite 120 - K.alispel 1, MT 59901 - . 5 .1 33 - Fax: -406,755.1310 - www.schwarzae.com City of Kalispell Public 'Works Department Past C?ffic8 Sgx 1997, iCaliVet}, Montana 59903-I497 - Telephane (406)758-7720, Fax (406)759-783 i December 23, 2W5 KtWan Nordwwest Devebpmt LLC P.O. Sm 1858 M*fS9DU1a, Maa 59806 Re: Sfillwater ERuffs b l � a%W,, Montana 4 ■ The M of Ka"I Public Woft Deparhment hereby ap ys the eAsfing� =n*ted ftwYmwts exmpt tNm aed in the SubdNisim ImprovementAgmamnt bit , o the rekrexed subdivision, Appmal by the OLy of Kafispeff 1br the aty owned arW rm-Intairmd m rarftd bad on tie folkwg Schwarz ArchbKWre and Engineering,, Irx-, lam" datM November 21, 20D5, ceffifying bNat tt impommmts min the rere ced subdivision have been ir6pected and irtstiWled in amDrdar e th the Oty of KaNsPeR s armJards and the appmv d pians and spedfKaftis. 2, Our video reoxds of the. sakaty fie' system* . Rapt of a SuWWisjon Impwenwt AgmemExhibit B, wtkh mnaim ft total esftaWd on&uctlon costs plus 25 Pffl:M ONefing the eSUffk1W costs fbr the rema-Iffling The SubdWi§m Dnprovement Agreement 5"bit B. should be obtiW by a ProksOv W Enid the of Montana, RE, to being an gate aocounting of at -A -- costs �d reffWning i mN. The one year peW fbr the City owned and rwintaired Ong, wffOeted impmvemwts , 20M. The oft yew way* p W for the Wining =studjon wig comma upon au-ewnce by the OW of #be cwrvMW consftucted 'improvements in awn e with approved pans and Wwjkabm If you tww any que*mi pkwe do rwt heOAte to conW this woe. Y si k E-- giant City Engine " Gc* Torn ,der , Planning Director Kali finning OWe MUNICIPAL FACILITIES EXCLUSION CHb,;KLIST (formerly called master plan exclusion) Enclosed please find the infortnation requiredunder § 764-127 MCA and AM 17-36.602 regarding a municipal facilities exclusion for this subdivision with a groom policy area or first-class or second- class municipality onneriy referred to as master plan exclusions). Use of this checklist is only appropriate when the municipality is providing the water and sewer main service and when the municipality's engineering staff is reviewing the plans and specifications prior to approval: I # Name of Subdivision: STILLWATER BLUFFS Name and address of the applicant:JDH Family P.O. Box 3243 Kabs elf MT 59901 3. Name and address of engineer: Schwarz Architecture & n ft een 100 Financial r.- Suite 120 Ka1is ell MT 59901 Copy of the preliminary or final plat; Attached X Number of parcels in the subdivision: 32 . A copy of any applicable zoning ordinances in effect: Yes & R-4 Zoning . How construction of the sewage disposal and water supply systems or extensions will be financed (method of financing).- Private 7. Certification that the subdivision is within a jurisdictional area that has adopted a growth policy or within afirst-class or second-class municipality: Yes — City of Kafis ell . Copy of Groff Volley: On file X Attached: . Location of the subdivision to the city or town, vicinity map attached: Yes X No 1. Will the owner of the municipal Facilities own, operate and maintain the water supply, sewage disposal, solid waste, and storm water facilities? Yes X No 11. Will all water and sewer mains or extensions as defmed in §76-4-102, MCA, be under the control and maintenance of the certifying municipality ''es X N 12. will are extension of the existing sewer mains be necessary to serve this subdivision' Yes No 13. Will an extension of the existing water main(s) be necessary to serve this subdivision? Yes X No 14. Exclusion Checklist review fee, $75, included; Yes X No . 1 certify that adequate municipal facilities for the supply of water and disposal of sewage and solid waste are available or will be provided within one year after notice of certification is issued, and, I certify that the governing body has reviewed and approved plans to ensue adequate sto W ter ge.. Cs ."u q� Name �� TitleDept 10�4-4--L't c_ Ljo.�Pjj s city /I J:!�� C. Send with the $5 review fee to; MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY SUBDIVISION REVIEW SECTION/WATER PROTECTION BUREAU PERMITTING AND COMPLIANCE DIVISION PO BOX 200901 HELENA MT 59620 V Cl*ty of Kall'sFv%ell Public Works Department Past Office Box 1997, Kalispell, Montana 59903-1497 -'%lephone (406)758-7720, Fax (406)758-783 ] Apr-11 19, 25 Rom W. Samar Schwarz Archtecture & Engireerft 100 Financial Drive, Suite 120 Kalispell, Mortara 59901 Via W, 755-1310 Re: Stillwater Bluff S bdl i�i r In accordance with a telecon with Narda Wilson,, Senior Planner,, Tri City Planning, the street cross won (City of Kalispell sign Standard Drawing No. has been approved for use on the reconsbvOw of Count Way SaA, In addition to t�e area shown on the plans for the reconstruction of Count Way nth, ffe reconstruction o the street should fiend norms to the edge of the existing pavement on Count Way. If you have any questons please do not estate W cones this off. Si Y1 o= Frank Cates, R. Assistant CRY Engineer Cc: Narda Wilson, Senior Planner, Tri City Planning INS Novem r I Or 2005 Ms. Norda Wilson Kalispell Planning Deparfmenl 17 Second Street East Kalispell, M7 59901 Re: Country Way Souih Improvements Silly Bluffs --�,dlis Dear Narda: The Flathead County Road Deportment approves of the 'Improvements to Country Way South from the north edge of Stillwater Bluffs SubdiVisfon to the edge of the exisfing povemenf on Ct...iry Way. Since Iy t/ t` CMarlle Johnson, SuperinterdenI r-nclosul-e-.1sas Listed C; Schwarz ArchiiecIureEngineering 1-1 Publi`c Works Department City ol Kalispe Post Office Box 1997, Kalispell., Montana -1 - Telephone -, Fax November 4, 25 Bob Star Schwarz Architecture & E rg. . 100 Financial Drive Kalispell, MT 59901 Re: Stillwater Blues Addresses Dear Bob, have addressed the Stillwater Blues Subdivision.. The street name parameters have been adjusted to fit emergency services requisites. 'lease show these changes on the final plat. If you .ave any questions can be reached at 758-7725. Sincerely Fre vo Kalispe Pu is Works 05 11:50 4067560045 USTEE PAGE 02 a 0 --Ji IF r .350 V ERIDIAN RO MUSPE LL MT 59901-1-9998 'Julk 27, 2004 *' 41 Rom{+': M. Sandy Hhr , P. 0. Box 323 Kalispell, Aff 990 , 5 M. Heus6her.,- live C Una lip ab i k ' r eferencedsubdivision at the location Mate the attaphed plat, ft must be tu�� ormt The el ��s provide two �� 0U �`. y The develop& m also provide the 2 ft. Xft', cement p6dw you have any � � � matter, -you may contact ine `5� �46 S Sincerely, - 5 '•.y , i Fermis O00 i M1 �•J "+'sF. F rVA S I .. PUM49219 4# ` = Attachment L + i 1' t �„ ' ' � * F � `' '. •s' S+` '+'{`'•. •k� •` aka IF • • � + +t,'' �' +, = we'µ October 17, 2005 Jeffrey M. Langan, Member Mission Northwest Development LLC Re: Stillwater Bluffs Subdivision Landscape Buffer, Boulevards and Park Dear Mr. Langan: This letter is to serve as approval on the proposed landscaping plans submitted for Stillwater Bluffs Subdivision. It is agreed that the developers will be responsible for bonding for landscaping improvements for this 32 lot subdivision. Landscaping to include a 1 ' landscape bier (installed per description as submitted in letter and plan), 5 boulevard trees .ittleleaf Linden and 35 Northwood Maple — per bid) of a 2 4" caliper and approximately 3000 feet of hyrd-seeded boulevards as per the plan. The 3,77 acre Ovate park gill include a fountair pod, a 35' x 5' putting green, 4 benches, and other improvements and amenities as listed on the plan and legend. It was agreed that the developers will plant the required trees to city standards. It was agreed that the developers will plant some of the trees as the construction of buildings is completed and trees can be given adequate care and grater. Final approval will be given upon completion, inspection and approval of the landscaping inn and tree plantings, at which time bonding and/or letter of credit would be released. It should be noted that the trees and landscaping are under a warranty period and should they die within this time frame, the developer will be responsible for replacement. Thank you for your cooperation and consideration for developing a quality subdivision project, If you have any questions or concerns, please give me a call. Sincerely, 3 Nlicha�l Baker, Director Kalispell Parks and Recreation Cc: Narda Witson, Tri-City Planning RECEIVED OCT 18 2005 KALISPELL FIRE DEPARTMENT fUmo Brodehl - Fire Chief Schwarz i a rig# Inc 100 Financial Drive Suite 120 Kalif llr NIT 5990 Attn: Bob Stauffer Re: Stillwater B uff's i Dear M. Staffer, 312 IM Avenue East Kdisp% Monte 59901 06) '-770 FAX: We have revue the preliminary site ublity plan mb�d for the above-refemnoed projed and have ffie ibkyMng co 1. Relocate new fire hydrant shown at lot tine 516 to the northeast comer of lot 5. 2. Relocate new firs hydrant shcrmm at lot line 1313/14A to noftheast comer of of 13A. 3. As discussed, all hydranis shag be mated befiveen t* sidkNattc and curb per city speafications. I hope this inibrmabon is helpful. Please contact me if you have { uesfins. Sincerely, Jim Stewart Pravn Chief/Fire Marshal Kalispell Fire Department 'Ussisfing mr commuWty in re&cing, pmv nUng, and midgating emergemies. " Montana Department of ENVIRONMENTAL QUA.UTY P.O. Box 200901 * Helena, MT 59620-0901. June 9, 200 Schwarz Architecture & Engineering Robert w Stauffer oo Financial Dr Suite 120 Kalispell MT 59901 Dear Mr Stauffer Brian Schweitzer, Gar REC&Vr-l-, AIN 131005 RE: Stillwater Bluffs Municipal Facilities Exclusion EQ#OS-2891 City of Kalispell Flathead County FT is is to certify that the in fon-n ation and fees received by the Department of Environmental Quality re I abn to this subdivisio are in compHance with 7 6-4-12 7, MC A and. ARM 17. 6.6 02. Under 7 6 - -, MC A, 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 wh.en extensions s of municipal facilities for the supply of water Or disposal of sewage are proposed 6- - 1 , MC. . Constriction of water or sewer extensions s p or to Q, Public Water Supply Section's approval is prohibited, and is subject to penalty as preser . ed in Title 75, Chapter 6 andTitle 76, Chapter 4. This file has been mailed to the PUblic water Supply Section, Kalispell Office, for their review. Sincerely,, 6f anet Skaarla.d Compliance ce echnwi.a Subdivision Section Water .protection Bureau (406) 4- 1 o — email J skaar.land@state..r. t. s ee: City Engineer County Sanitarian file Enforcement Division - Permitting& Compliance Division - Planning.Frevention & Assistance Division Environmenta.l.....Health Serviges 035 First Avenue West Kalispell, MT 59901 (406) 751-8130 Fax: 751-8131 Wednesday, gone 22, 2005 Bob Stauffer Schwarz Engineering 100 Financial Drive, Suite 120 Kalispell MT 5 901 Administration 1-810 FAX 751-8102 Community Health Services 71-11 FAX 713111 Reproductive Health Services 751-81 0 FAX 7 1-81 1 WIC Services 751-8170 PAX 7 1-8171 Ike: Stillwater Bluffs Water & Severer Ext., Evergreen, Prof. # FH-05-08, EQ-5-2891 Dear Bob; The plans, specifications, certified checklist and required documents for the above referenced project have been reviewed by this office and are satisfactory. Approval to proceed with the project is hereby given. one set of the approved plans and specifications is enclosed. This project includes installation of inunicipal water and sewer extensions and a sewage lift station as shown on plans prepared by Schwarz Engineering and approved by this office on 22 05. The plans and checklist were submitted under the seal and stamp of John P. Schwarz, PE# 112 . As discussed with you this morninbg , the lift station wet well should be fitted with a vent as required in 42.64 of WQ-2. Approval is given with the understanding that any deviation from the approved plans and specifications will be submitted to the department for review and approval. Prior to commencing use of any portion of a new public system, the owner or his engineer, shall certify by letter to the Department that the portion of the system to be put into use was built in accordance with approved plans and specifications,As-built drawings for the portion of the system put into use must be provided to the Department witbin days after the date of initial use. wit in 90 days after the entire project has been completed, the project engineer shall certify to the Department that the project was inspected and found to be installed in accordance nth the plans and specifications approved by the Department. This certification shall be accompanied by a set of record as built drawings o -the entire project, signed by the project engineer. it is the mission of the Flathead City -County Health Department to assure the conditions in which peop/e can be healthy through collaboration, promoting stewar sh' of our resources, and providing prevent ve health services to our community. t is further understood that construction will be completed within three years following the date of approval. If more than three years elapse before completing construction, plans and specifications must be resubmitted and approved before construction begins or resumes. This three year expiration period does not extend any compliance schedule requirements associated with a Department enforcement action against a public grater or sewage system. 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T 7 7 ' C, ---- - v 46x + O xF 44 VICINITY MAP LARRY & SANDY HEUSCHER PRELIMINARY PLAT - STILLWATER BLUFFS A 32 LOT RESIDENTIAL SUBDIVISION ON 12 ACRES FILED CONCURRENTLY WITH AN ANNEXATION REQUEST PLOT DATE: 04 FTLE1741 SCALE 1 500 H:\gis \-site\ kpp04—1 0 . dwg