10. Resolution 4908 - Final Plat - Willis Addition #3Tri-City Planning Office
17 Second Street East —Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT: Final Plat Approval for Willis Addition 3
MEETING DATE; July 6, 2004
BACKGROUND: This is a four lot residential subdivision that creates three additional
lots on the north side of Sunnyside Drive and west of Ashley Creek Bridge and directly
across from Denver Avenue. The property address is 945 Sunnyside Drive and
contains approximately 1.624 acres. It is zoned R-4, Two Family Residential. There is
currently a dwelling located on the property near the center of the site and a small
detached single car garage. The existing dwelling is utilizing an on -site sewage
treatment system and well. However, when the newly created parcels are developed,
the on site water and sewer systems will be abandoned and the parcels connected to
City water and sewer.
The property was annexed in June of 2004 and given a zoning designation of R-4, Two
Family Residential. The property can be described as a portion of Lot 5, Amended Plat
of Sunny Side Park located in Section 18, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana.
The Tri-City Planning Office waived the preliminary plat on April 19, 2004 subject to
eight conditions because it has been found that the subdivision can meet the criteria for
preliminary plat approval waiver as outlined in Section 2.06 of the Kalispell Subdivision
Regulations. The Kalispell City Council will need to adopt findings of fact for approval
found in attached staff report KWP-04-3 concurrent with the final plat approval. The
attached transmittal letter outlines the conditions of approval and a discussion of how
they have been met. Essentially they are as follows:
• The existing driveway has been realigned with Denver Avenue to the south and
will create a single paved, shared access for all four lots. The paving of the shared
access road has been bonded for in a subdivision improvements agreement with a
completion date of August 1, 2004.
• A note has been placed on the face of the final plat stating that Lots 1 and 2 shall
be considered a single parcel for building purposes until such time as the existing
garage has been removed from the site.
• A note has been placed on the face of the final plat that waives protest to the
creation of a special improvement district for the future upgrade of Sunnyside
Drive.
Providing Community Planning Assistance To:
City of Kalispell • City of Whitefish • City of Columbia Falls
Final Plat for Willis Addition #2
January 28, 2003
Page 2
Findings of fact for approval of the plat are found in attached staff report KWP-04-3
which review the conditions of approval and a how they have been met.
RECOMMENDATION:
FISCAL EFFECTS:
ALTERNATIVES:
Respectfully submitted
Narda A. ikon
Senior Planner
Approval of the final plat would be appropriate.
Potentially minor positive effects.
As suggested by the city council.
Report compiled: January 28, 2003
c: Theresa White, Kalispell City Clerk
Chris A. Kukulski
City Manager
attachments: Transmittal letter and application
Staff report KWP-03-2
Plats
H: \REPORTS\... \KWP03-2.DOC
2
RESOLUTION NO.4908
A RESOLUTION APPROVING THE FINAL PLAT OF WILLIS ADDITION 3,
DESCRIBED AS A PORTION OF LOT 5, AMENDED PLAT OF SUNNYSIDE PARK,
LOCATED IN SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA.
WHEREAS, Debbie Willis, the owner of certain real property described above, has petitioned for
approval of the final Subdivision Plat of said property, and
WHEREAS, preliminary plat approval for this minor subdivision was waived on April 19, 2004,
by the Tri-City Planning Office according to Section 2.06 of the Kalispell
Subdivision Regulations subject to eight (8) conditions, all of which have been met,
and
WHEREAS, the proposed subdivision plat of said property is subject to the provisions of Section
2.06 (Preliminary Plat Process -Minor Subdivision -Preliminary Plat Waiver),
Subdivision Regulations of the City of Kalispell, and
WHEREAS, the Tri-City Planning Office has reviewed the proposed subdivision and made a
report (KWP-04-3) to the City Council of the City of Kalispell, said report
considering the criteria set forth in Section 76-3-608 MCA, and recommends final
plat approval of said subdivision.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION I. That the Findings of Fact contained in Tri-City Planning Office Report
#KWP-04-3 are hereby adopted as the Findings of Fact of the City Council.
SECTION IL That the application of Debbie Willis for final plat approval of Willis
Addition 3 in Section 18, Flathead County, Montana, is hereby approved.
SECTION 11I. The classification of said premises under the Kalispell Zoning Ordinance
shall not be changed by the action.
SECTION IV. That upon proper review and filing of the final plat of said subdivision in the
office of the Flathead County Clerk and Recorder; said premises shall be a
subdivision of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND
SIGNED BY THE MAYOR THIS 6TH DAY OF JULY, 2004.
Pamela B. Kennedy
ATTEST: Mayor
Theresa White
City Clerk
SUBDIVISION 111olPROVEMENT AGREEMENT
THIS AGREEMENT made and entered now, this day of -7lhyee246 --j by and between the cny
COUNCIL. CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY and
L4,% � V1 S Party of the Second Part and heromnafter
referred to as DEVELOPER
5 THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as
t LK-93 and
WHEREAS, the has conditioned its approval of the final plat of
WiWijs 1kj'A-':Bzy\ Qn3 upon the conditions as set forth in the Preliminary Plat 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 set forth in "Exhibit A7; and
WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of 125% 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 B"; and
WHEREAS, the estimated total cost of construction of said improvements is the sum of $ jo. �5--' '-E .
NOW THEREFORE, in consideration 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 or oil= acceptable collateral as determined by
the KALISPELL CITY COUNCIL. in the amount of$ 1/ f "�6 �c . Said Lena of Credit or oil= collateral
shall have an cqxration date of at least sixty (60) days following the date set for completion of the improvements.
certifying the follming: 37 — — a. That the creditor guaranteed finds in the sum of $ W the estimated cost of completing the
recluirood improvements in
b. That if the Developer fails to complete the specified improvements within the required period the creditor will
pay to the CI or immediately, and without further action, such funds as are necessary to finance the completion of
those improvemenis up to the limited of credit stated in the letter,
2. That said required improvements shall be filly completed by_ &qt C
3. That upon completion of the required improvements, the Developer " cam to be filed with the City a statement
certifying that-.
a. AN 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 of those improvements by the City,
C. That the Developer knows of no defects on those improvements;
d Sprat these improvements are free and clear of arm encumbrances or hens:
C. That a schedule of actual construction costs has been filed with the City: and
All applicable fees and surcharges have been paid
i •' . .- iii «i . i . i it t. f.. IY4if
• i tl - itK t1 i LY :i • i if. 1' Y•.i i' f V•3 i •1 i
•
i' • i Gi• ill • '1 1 •: IY. G• * it i imm,,ww1 t Yii IiKi•
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOUOWS,
Thal he Developerlitshall provide for 1 Fe •1 ofall mpredimprovements by registered professional
engineer before the DeveluM shall be released from the Subdivision Improvement Agreement.
That if the City determines that any improvements are not constructed in compliance with the specifications, 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 am, or all of die improvements in accordance with the specifications. or
within the rewired time limits, it may withdraw the collateral and employ such fiords as may be necessary to construct the
improvement or improc ements im acsordwx with she 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 herein before wrinen.
(Name of sobdivision0eveloperlFirm)
(Title)
The subdivider shall warrant the design, construction materials and workmanship of the improvements against any failure
or defect in desigq construction, material or workmanship which is discovered no more than one (1) year from the date of
acceptance
i. i. ii . ♦ ♦ • . • ft • .-WIN
. • - 1 It - . i . i
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my No", Seal this day and year first above written.
E.Not:::f
aryPublic for the State of Montana,Residing at t�.MyCommissionE. 1 t 'i
MAYOR. CITY OF KALISPELL
MAYOR
ATTEST:
THERSEA tvHi T E
CITY CIT ERK
Tri-City Planning Office
17 Second Street East— Suite 211
Kalispell, Montana 59901
June 29, 2004
Phone: (406) 751-1850
Fax: (406) 751-1858
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
RE: Final Plat Approval for Willis Addition 3
Dear Chris:
Our office has received an application from Debbie Willis for a four lot residential
subdivision that creates three additional lots on the north side of Sunnyside Drive and
west of Ashley Creek Bridge and directly across from Denver Avenue. The property
address is 945 Sunnyside Drive and contains approximately 1.624 acres. It is zoned
R-4, Two Family Residential. There is currently a dwelling located on the property
near the center of the site and a small detached single car garage. The existing
dwelling is utilizing an on -site sewage treatment system and well. However, when the
newly created parcels are developed, the on site water and sewer systems will be
abandoned and the parcels connected to City water and sewer.
The property was annexed in June of 2004 and given a zoning designation of R-4, Two
Family Residential. The property can be described as a portion of Lot 5, Amended Plat
of Sunny Side Park located in Section 18, Township 28 North, Range 21 West, P.M.M,,
Flathead County, Montana.
Our office waived the preliminary plat on April 19, 2004 subject to eight conditions
because it has been found that the subdivision can meet the criteria for preliminary plat
approval waiver as outlined in Section 2.06 of the Kalispell Subdivision Regulations.
Specifically, it can be found that the following conditions exist:
1. The plat contains five or fewer lots.
2. There is no public dedication of streets or public or private parkland.
3. All lots have legal and physical access conforming to the subdivision regulations.
4. Each lot has a suitable building site and there are no environmental hazards
present.
5. Public sewer and water are adequate and in place.
6. The subdivision complies with the subdivision regulations and current zoning
regulations.
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Falls
Final Plat for Willis Addition 3
June 29, 2004
Page 2
7. No significant effects are anticipated on agriculture and agricultural water user
facilities, local services, the natural environment, wildlife and wildlife habitat and
the public health and safety.
The Kalispell City Council will need to adopt findings of fact for approval found in
attached staff report KWP-04-3 concurrent with the final plat approval. The following is
a list of the conditions of approval and a discussion of how they have been met.
COMPLIANCE WITH CONDITIONS OF APPROVAL
Condition No. 1. That the final plat is in substantial compliance with the preliminary
plat that was waived.
• This condition has been met. The lots in the subdivision comply with the
preliminary plat that was waived.
Condition No. 2. That an approach permit be obtained from the Flathead County
Road Department for shared access from the existing driveway and needed
improvements required by that department be made prior to final plat submittal.
• This condition has been adequately addressed. The existing driveway has been
realigned with Denver Avenue to the south and will create a single paved, shared
access for all four lots. The paving of the shared access road has been bonded for
in a subdivision improvements agreement with a completion date of August 1,
2004.
Condition No. 3. That a note be placed on the face of the final plat stating that Lots
1 and 2 shall be considered a single parcel for building purposes until such time as
the existing garage has been removed from the site.
• This condition has been met. A note has been placed on the final plat and will be
recorded to notice future property owners of this condition.
Condition No. 4. That a note be placed on the face of the final plat that waives
protest to the creation of a special improvement district for the future upgrade of
Sunnyside Drive.
• This condition has been met. The required note has been placed on the face of the
final plat and will be recorded to notice future property owners of this condition.
Condition No. 5. That all lots have a minimum of 50 feet of frontage along
Sunnyside Drive to comply with the proposed City R-4 zoning designation upon
annexation to the city of Kalispell.
• This condition has been met. All of the lots comply with the dimensional
requirements of the R-4 zoning district.
2
Final Plat for Willis Addition 3
June 29, 2004
Page 3
Condition No. 6. That the lots within the subdivision be connected to City of
Kalispell water and sewer at the time of development and a certificate of subdivision
approval be obtained from the Montana Department of Environmental Quality for
water and sewer services.
• This condition has been met. A letter from MDEQ for a municipal facilities
exemption has been submitted with the final plat application.
Condition No. 7. That a note be placed on the face of the final plat that indicates
the location of the 100 year floodplain.
• This condition has been met. The 100 year floodplain has been shown on the final
plat.
Condition No. 8. This waiver of preliminary plat approval is valid for three years
and shall expire on April 19, 2007.
• This condition has been met. The final plat was submitted prior to expiration of
the waiver.
COMPLIANCE WITH APPROVED PRELIMINARY PLAT
The final plat is in substantial compliance with the preliminary plat which was
reviewed and approved.
COMPLIANCE WITH THE SUBDIVISION REGULATIONS:
This subdivision plat has been found to be in substantial compliance with the State
and City Subdivision Regulations.
COMPLIANCE WITH THE ZONING REGULATIONS
This subdivision has been found to be in compliance with the Kalispell Zoning
Ordinance and the R-4, Two Family Residential zoning designation assigned to the
property.
TION:
All of the conditions of preliminary plat approval have been adequately addressed.
The staff recommends that the Kalispell City Council adopt the attached staff report
KWP-04-3 as findings of fact and approve the final plat for Willis Addition 3. Please
schedule this matter for the next regular city council of July 6, 2004. You may call
me at (406) 751-1852 if you have any questions regarding this subdivision.
3
Final Plat for Willis Addition 3
June 29, 2004
Page 4
Sincerely,
Narda A. Wilson, AICP
Senior Planner
NW/
Attachments: 1 opaque mylar
1 reproducible mylar
1 paper copy
Staff Report KWP-04-3
Final plat application dated 6/ 10/04
Letter from TCPO for pre plat waiver dated 4/ 19/04 and 4/22/04
DEQ approval #E.Q. #04-2442 dated 4/8/04
Fire marshal approval of access dated 5/25/04
Treasurers certification dated 5/7/04
Title Report from Sterling Title dated 3/29/04
Consent to plat from Whitefish Credit Union dated 6/9/04
Subdivision Improvements Agreement
Letter of Credit dated 9/9/04
Location Map
Map showing location of lots
C: Debbie Willis, 800 Marco Bay Rd., Somers 59932
Sands Surveying, 2 Village Loop, Kalispell, MT 59901
Theresa White, Kalispell City CIerk
REPORTS \ KALISPELL\04 \KW P4-4LTR. DOC
WILLIS ADDITION 3
TRI-CITY PLANNING OFFICE
STAFF REPORT KWP-04-3
REVIEW AND FINDINGS OF FACT
JUNE 30, 2004
A report to the Kalispell City Council for findings of fact for a four lot residential
subdivision. Preliminary plat approval for this minor subdivision was waived on April
19, 2004 subject to several conditions.
BACKGROUND: This is a four lot residential subdivision that will create three
additional parcels on property that is occupied by an existing residence.
A. Applicant: Debbie Willis
800 Marco Bay Rd.
Somers, MT 59932
(406) 2505708
Technical Assistance: Sands Surveying
2 Village Loop
Kalispell, MT 59901
(406) 755-6480
B. Location: The property is located on the north side of Sunnyside Drive and west of
Ashley Creek Bridge directly north of Denver Avenue. The property address is 945
Sunny-side Drive. The parcels contain approximately 1.624 acres and can be
described as a portion of Lot 5 of the Amended Plat of Sunny Side Park
Subdivision in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead
County, Montana.
C. Size:
Total area: 1.624 acre
Lot 1: 0.408 acre (17,772 square feet)
Lot 2: 0.499 acre (21,736 square feet)
Lot 3: 0.315 acre (13,721 square feet)
Lot 4: 0.402 acre ,-. ,511 square feet)
D. Existing and Adjacent Land Uses: There is a single family dwelling located near
the center of the lot and a small single car detached garage that will need to be
removed. The property is bordered by Ashley Creek to the east and northeast and
single family homes to the north and west and a two unit townhouse and single
family home to the south.
E. Zoning: The property was zoned R-4, Two Familv Residential when it was
annexed in June of 2004. This district allows single family dwellings and duplex
dwellings as a permitted use. The minimum lot size requirement in the R-4
district is 6,000 square feet and a minimum lot width of 50 feet.
F. Relation to Master Plan Map: The property is designated as Urban Residential
on the Kalispell Growth Policy 2020, The R-4 zoning and the density and lots in
the subdivision comply with this land use designation.
G. Utilities:
Water and Sewer:
Electricity:
Telephone:
Gas:
School:
Police:
Fire Protection:
City of Kalispell
Flathead Electric Coop
CenturyTel
Northwest Energy
School District #S, Kalispell
City of Kalispell
City of Kalispell
REVIEW AND FINDINGS OF FACT
This application is reviewed as a minor subdivision in accordance with statutory
criteria and the Kalispell Subdivision Regulations,
A. Effects on Health and Safety:
Fire: The area is anticipated to be at low risk from wildfire due to the urban
location, lack of woody fuel and good access to the site. The proposed
subdivision is not expected to significantly impact the service provided by the
district. A fire hydrant is to the west of this property at the intersection of
Sunnyside Drive and Denver Avenue.
Vegetation and topography: The property is relatively flat and has historically
been used for residential purposes.
B. Effects on Wildlife and Wildlife Habitat: The subdivision is not mapped big
game habitat winter range and does not provide habitat to significant wildlife
other than some birds and small animals with occasional deer in the area.
C. Effects on the Natural Environment: The subdivision will be served by City
of Kalispell water and sewer minimizing impacts to groundwater. Ashley Creek
lies to the east of this property and portions of the 100 year floodplain. The
floodplain has been delineated on the plat. No significant impacts can be
anticipated as a result of this subdivision. Any impacts on the natural
environment related to this subdivision will be insignificant.
D. Effects on Local Services:
Sewer and Water: The City of Kalispell will provide water and sewer service to
the existing dwelling once the other lots in this subdivision are proposed for
development. Four additional connections to the City system is anticipated.
No significant impacts are anticipated to the City with regard to water and
sewer services as a result of the creation this subdivision.
2
Roads: Access to the site is provided directly from Sunnyside Drive and will be
shared between the four lots. The existing driveway is being relocated to align
with Denver Avenue. The Flathead County Road Department has approved the
driveway location. A small frontage road will be developed and paved at the
location indicated on the plat so that there will be a single access onto
Sunnyside Drive. A note has been placed on the face of the final plat waiving
protest to upgrading of Sunnyside Drive to City standards as provided for in
the Kalispell Subdivision Regulations.
Schools: This property is within the boundaries of School District #5, Kalispell.
This subdivision is anticipated to create potentially two additional school -age
children for this district.
Parks: Parkland dedication is not required for minor subdivisions
Police Protection: The property is served by the Kalispell Police Department. it
is not anticipated that this subdivision will significantly impact the service
provided by the police department.
Fire Protection: The property is within the service district of the Kalispell Fire
Department. The subdivision will not create additional impacts to fire service.
Refuse Disposal: Refuse disposal will be provided by the City of Kalispell. The
proposed subdivision is not expected to impact the landfill.
Medical Services: Emergency medical service is provided by the Kalispell
Regional Hospital; Ambulance and Life Flight services are also available.
E. Effects on Agriculture:
This subdivision is on the urban fringes of Kalispell and the area has been
developed to the east to an urban density. The area to the west will be
developed with an urban density subdivision. This property has been used for
residential purposes in the past and is not large enough to be used for
agricultural purpose. This subdivision will not have effect on agricultural
activities in the valley.
F. Compliance with the Kalispell Subdivision Regulations
This subdivision complies with the Kalispell Subdivision Regulations.
Preliminary plat was waived because it meets the waiver criteria provided for
under Section 2.06 of the regulations which include the following: (1) the plat
contains five or fewer lots, (2) there is no public dedication of streets or public or
private parkland, (3) all lots have legal and physical access conforming to these
regulations, (4) each lot has a suitable building site and there are no
environmental hazards present, (5) municipal water and sewer are adequate and
in place, (6) the subdivision complies with these regulations and zoning
regulations, (7) there is no significant effects anticipated on agriculture and
agricultural water user facilities, local services, the natural environmental wildlife
and wildlife habitat and the public health and safety. This subdivision is in
substantial compliance with the Kalispell Subdivision Regulations.
G. Compliance with the Kalispell Zoning Ordinance: This subdivision exceeds
the minimum lot size and lot width requirements of the R-4 zoning district and
the existing dwelling exceeds the setbacks requirements as well. The
subdivision complies with the zoning for the property.
RECOMMENDATION
Staff recommends that the Kalispell City Council adopt Staff Report KWP-04-3 as
findings -of -fact for the proposed subdivision and approve the final plat.
REPORTS\2003\KALSPELL\KWP03-2
4
Tri-City Planning Office
17 Second St East, Suite 211
RaHapell, MT 59901
Phone: (406) 751-1850 Fax: (406) 751-1858
FINAL PLAT APPLICATION
Project /Subdivision Name: V-1 i t5v, No • �
Contact Person:
y1 ' t'
Name:, i�i w i t k t 5
Address: 1J 0 n kVMi:L"-C 0 his i2lrk .
i3yv 2_ sA! S `4 27
Phone No.: - C
Date of Preliminary Plat
Owner 8c Mailing Address:
- Avr t i
Type of Subdivision: Residential K Industrial Commercial PUD Other
No. of Lots Proposed ! Parkland (acres)
Land in Project (ac.) Cash -in -Lieu $
Exempt
FILLING FEE ATTACHED $ C
Minor Subdivision with approved preliminary plat $400 + $40/lot
Major Subdivision with approved preliminary plat $650 + $40/lot
Subdivisions with Waiver of Preliminary Plat $600 + $40/lot
Subdivision Improvements Agreement $ 50
Attached
Not Applicable (MUST CEMCS ONE)
Health Department Certification (Original)
Title Report (Original, not more than 90 days old)
_
Tax Certification (Property taxes must be paid)
_
Consent(s) to Plat (Originals and notarized)
Subdivision Improvements Agreement (Attach collateral)
Parkland Cash -in -Lieu (Check attached)
_ Maintenance Agreement
?
Plats: 1 opaque OR 2 mylars
1 mylar copy 1 signed blueline
4 bluelines 4 bluefines, uresigned
**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 cohere 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 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 application materials are submitted to the Tri-City Planning Office, 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 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.
I certify that all information submitted is true, accurate and complete. I 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 Tri-City
Planning staff to be present on the property for routine monitoring and inspection during the
approval and development process.
**NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision
final plat applications be accompanied with a digital copy.
C§;� s Signature Date
**A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file
format, consisting of the following layers:
1. Exterior boundary of subdivision
2. Lot or park boundaries
3. Easements
4. Roads or rights -of -way
5. A tie to either an existing subdivision corner or a corner of the public land survey system
As approved by the TCPB, Effective 3/15/04
Tri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
April 19, 2004
Debbie R. Willis
400 Marco Bay Road
Somers, MT 59932
Phone: (406) 751-1850
Pax: (406) 751-1858
tricityC:centurytel.net
Re: Waiver of Preliminary Plat Approval - 945 Sunnyside Drive, Kalispell
Dear Debbie:
This letter is in response to your request for waiver of preliminary plat approval for a
three lot subdivision on the north side of Sunnyside Drive, west of Ashley Creek
addressed as 945 Sunnyside Drive. There is an existing single family home that will
be retained on proposed Lot 2 and a garage that straddles the property boundaries of
proposed Lots 1 and 2 that will be required to be removed. The property can be
described as Tract A in Lot 5 of Sunnyside Park in Section 18, Township 28 North,
Range 21 West, Flathead County, Montana.
Our office can find that the proposed subdivision meets the preliminary plat waiver
criteria as provided for under the Kalispell Subdivision Regulations. Specifically it
meets the following criteria: (1) 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 conforming to the subdivision regulations, (4) each lot has a suitable
building site and there are no environmental hazards present; (5) municipal sewer and
water are adequate and in place; (6) that the subdivision complies with the subdivision
and current zoning regulations, and (7) that there will be no significant impact on
agriculture, agricultural water users, local services or the natural environment.
Due to the relatively minor impacts that this subdivision poses, this office grants
preliminary plat approval subject to the following conditions:
1. That the final plat is in substantial compliance with the preliminary plat that was
waived.
2. That an approach permit be obtained from the Flathead Countv Road Department
for shared access from the existing drivewav and any needed improvements required
by that department be made prior to final plat submittal.
3. That a note be placed on the face of the final plat stating that Lots 1 and 2 shall be
considered a single parcel for building purposes until such time as tine es sting
garage has been removed from the site.
4. That a note be placed on the face of the final plat that waives ?protest to the creation
of a special improvement district for *he future upgrade of Sunnyside J ve.
Providing Community Planning Assistance To:
City of Columbia +ails 9 City of Xalispell - City of Whitefish
Waiver of Preliminary Plat Debbie Willis
April 19, 2004
Page 2
5. That all of the lots have a minimum of 50 feet of frontage along Sunnyside Drive to
comply with the proposed City R-4 zoning designation upon annexation to the city of
Kalispell.
6. That the lots within the subdivision be connected to City of Kalispell water and sewer
at the time of development and a certificate of subdivision approval be obtained from
the Montana Department of Environmental Quality for water and sewer services.
7. This waiver of preliminary plat approval is valid for three years and will expire on
April 19, 2007.
Waiver of preliminary plat approval does not constitute approval of the subdivision.
Please note that prior to final plat approval, all requirements must be met per Chapters
2 and 3 of the Kalispell Subdivision Regulations. If you have any questions regarding
this matter, please call Narda Wilson, Senior Planner, at this office.
Sincerely,
Thomas R. Jentz
Planning Director
cc: Sands Surveying, 2 Village Loop, Kalispell, NIT 59901
Richard and Patricia Riley, 36 Hawthorne West, Kalispell, MT 59901
TJ/NW
LETTERS\WANEPP\04\WILLIS2.DOC
Tri-City Planning Office
17 Second Street East -Suite 211
Kalispell, Montana 59901
April 22, 2004
Debbie R. Willis
400 Marco Bay Road
Somers, NIT 59932
Phone: (406) 751-1850
Fax: (406) 751-1858
tricityCacenturytel.net
Re: Waiver of Preliminary Plat Approval - 945 Sunnyside Drive, Kalispell
Dear Debbie:
This letter is a follow-up to the letter waiving preliminary plat approval for the above
referenced property described as Tract A in Lot 5 of Sunnyside Park in Section 18,
Township 28 North, Range 21 West, FIathead County, Montana.
An additional note should be placed on the final place that indicates the location of the
100 year floodplain. Please call me if you have any questions regarding this matter.
Waiver of preliminary plat approval does not constitute approval of the subdivision.
Please note that prior to final plat approval, all requirements must be met per
Chapters 2 and 3 of the Kalispell Subdivision Regulations. If you have any questions
regarding this matter, please call Narda Wilson, Senior Planner, at this office.
Sincerely,
Thomas R. Jentz
Planning Director
cc: Sands Surveying, 2 Village Loop, Kalispell, MT 59901
Richard and Patricia Riley, 86 Hawthorne West, Kalispell, MT 59901
TJ/NW
LETTERS \1VAfVEFP' 04 \ WILLIS3. HOC
Providing Community Punning Assistance 'To:
City of Calumhia Fails + Cit;! of Xalispeil a City of'Nhitexish
ppp�
-..,
A4ontana Department of
IM
`.JEANVMONMENTAL QUAMY Judy Martz, Governor
P.O. Box 200901 • Helena, MT 59620-0901 • (406) 444-2544 • www.deg.state.mt.us
April 8, 2004
Debbie Willis
400 Marco Bay Rd
Somers MT 59932
RE: Willis Addition No 3
Municipal Facilities Exclusion
EQ#04-2442
City of Kalispell
Flathead County
Dear Ms Willis:
This is to certify that the information and fees received by -the Department of Environmental Quality relating to
this subdivision are in compliance with 76-4-127, MCA. Under 76-4-125(2)(d) 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 when extensions of municipal facilities for the supply of water or
disposal of sewage are proposed 176-4-111 (3), MCA}. Construction of water or sewer extensions prior to
DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75,
Chapter 6 and Title 76, Chapter 4.
This file has been mailed to the Public Water Supply Section, Kalispell Office for their review.
Sincerely, t;1
'Janet Skaariand
Compliance Technician
Subdivision Section
Water Protection Bureau
(406) 444-1801 — email jskaarland@state.mt.us
cc. City Engineer
County Sanitarian
file
Len[ralized Sm,ces Dm,,on tntorcemem Division Pcrmaung R. Division Ylanoing, Prevention & Assistance Division Re:nedtation Dmslon
Randy Brodehl - Fire Chief
Jim Stewart - Assistant Chief/Prevention
Dee McCluskey—Assistant Chief/Operations
May 25, 2004
Debbie R. Willis
400 Marco Bay Road
Somers, MT 59932
Re: Willis Addition No. 3
Dear Debbie,
312 First Avenue East
Kalispell, Montana 59901
(406)758-7760
FAX: (406) 758-7952
As a follow-up to our recent meeting on -site regarding the above -referenced project we have
the following information.
Your proposed 4-lot subdivision appears to meet the design requirements of the Uniform
Fire Code and the Kalispell Fire Department, based upon the following:
➢ It is our understanding that access to the 4 individual lots will be provided by an
access roadway with an all-weather surface. The minimum width for the fire
department access shall be 20', with a minimum clear height of 43'6". It does not
appear that an emergency vehicle turnaround is required, based upon the discussion
that the fire department access road is less than 150' in length.
It was noted that an existing fire hydrant is provided at the intersection of Sunnyside
and Denver. This hydrant appears to be adequately located to meet the minimum
travel distance to your 4-lot subdivision. Fire flows in this area appear adequate to
meet residential development.
I hope this information is useful. Please contact me if you have any questions.
Sincerely,
ff
Jim Stewart
Assistant Fire Chief/Fire Marshal
Kalispell Fire Department
cc: Narda Wilson, Tri-City Planning Office
" issisling our comma a,y in reducing, preventing, and mitigating emergencies,
300 Baker Avenue - 862-3525 234 E. Montana St. • 257-3123
Whitefish Kalispell
202 Dewey Avenue • 297-7800
Eureka
320 Nucleus Avenue a 892-8000 110 Third Ave. East ^ 883-3600
Columbia Pails Poison
June 9, 2004
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
RE: irrevocable Letter of Credit #122LC
Expiration Date: October 1, 2004
Dear Sirs:
We hereby establish our Irrevocable Letter of Credit #122LC in favor of the City of
Kalispell for the account of Deborah Willis, 400 Marco Bay Rd, Somers, MT. in the amount
of Thirteen Thousand Five Hundred Sixty Five dollars and No Cents, ($13,565.00).
You may draw hereunder by means of a sight draft accompanied by the following written
certification:
1) The original of the Irrevocable Letter of Credit and any
subsequent amendments.
2) A signed statement by an authorized official of the City of Kalispell
stating as follows: "Claims have been submitted to Deborah Willis
for payment and which remain unpaid by same, and fun represented
by the attached drafts are required in full by the "City of Kalispell."
Drafts drawn in conformi ;� with this Letter of Credit will be honored by the Whitefish edit
Union if presented at our Whitefish, MT Office on or before October 1, 2004.
This Irrevocable Letter of Credit excepts so far as otherwise expressly stated, is subject to
the Uniform Customs and Practices for Documentary Credits (1993 Revision) International
Chamber of Commerce Publication Brochure #400, and any subsequent revisions thereto.
Sincerely,
3,
Doug Johnsen
Commercial Loan Officer
Jun 07 04 00:44p J
406-644-3136 P.l
LOST LAKE EXCAVATING & GRAE Estimate
P.O. BCX 730
LAKESIDE, MT 59922 Number: E123
844.3731 OR 253 2095
Date Jame 07, 2004
Bill To: Ship To:
1 DEBBIE WILLIS 250 5708
�..400 MARCO SAY RD FAA 857 3151
SOMERS, MT 59932
Date
5-0' 20C4
PO Number ' Terms
DUE ON COMPLETION
Description HOURSIUNITS
THIS OUOTE IS FOR
CONSTRUC i ING A DRIVEWAY
THAT WILL SERVICE 4 LOTS. THE
ENTRANCE IS OFF OF SUNNYSIDE
DRIVE AND DENVER STS.
THE SCOPE OF WORK IS
REMOVING.4 SECTION 1.5 FEET
THICK BY 20 FEET SNIDE BY
APPROXIMATELY 166 U LONG TO
BE REPLACED BY ^o" OF 3f4"
j CRUSHED BASE UPON 12" OF 3"
MINUS SUBBASE COMPACTED AND
GRADED TO FORM.
APPROXIMATELY ?24 CUBIC YARDS
OF MATERIAL WILL BE EXCAVATED
ANC REMOVED FROM T HE SITE.
I EXCAVATE MATERIAL AND
I REMOVE FROM SITE. LUMP SUM
j PLACE 314" ROADSASE UPON 3"
MINUS SUBBASE COMPACT AND
GRADE. LUMP SUM.
MCBfL(ZATiON OF EQUIPMENT
1.00 1
1.00
1.00
Project
Rate Amount
9 914.00
3.'115.00
1.914.00'
3,1 15.00
420.00 420.00
Total $5,449.00
10b.'l-C. ti4 -.G I Cpm 1. 001
Page No. of Pat
Please sign, keep
tOp cODY, and
return spies
2&3to us.
Thank YOU.
..gxsr!"=o rn
raebtiie Willis
Real Property
GLACIER PAVING, INC.
P.O. Box 9222
KAUSPE ., [VON':ANA.59904
(406) 257-81$i
FAX: 257-8185
ICrE NA ME
857-3151
3921
06,t03f 2064
c'Ttiers'`. MT 59932 i'or ahspell
AFG :ItECr � ^ nT t� ;G5 PHCNt j
Jere bem'n/ ,uttm v.±n n}r, M'tt a a atti.•n �c inr
glaefer Paving. Trnc. wlll supply 2" of 3/4" crushed ruck .or appra.-�.
_ _3.500 sS_,. lin.e._dra&. water, & compact.
Glacier Paving, Inc. will supply 2 of hot mix asphalt compacted for
approx. 3,600 a.r._
Sub_grade work to he done by others.
—NO CREDIT BEYOND 13 DAY&-
ItYpaymerta; not -made as -agreed ulmn, a late Payment charge of --,,%'per me. (39% per addend) will be charged; in addition to the
contract sum, Commencing 15 days after the invoice date, and all attorney's teas incurred to calfect said sums and charges will be paid
by the cuetomar_
MP Pr011I 52 hereby to furnish ma?er1al and labor — comp:ete n1 aocurdance wish above .spedeloat oua, for 'he sum of:
Five thousand fourhundred & no�10QQ--- _ du;laS fy 5,4Q0.Q0
Pavmam in F.w mnde 2a `otlnws:
V t, [anal a "toad to "e epa a, 1 4 W h. i tt
manna*Mroftln (O. nnuii r 'n��t tat m.rf nr_ LI,Ponzen
Motif q ex 1s ..o.G " b3 ExGcuted op } -00, llisBr M*1S M o "Al t 1cctr 'IC 4Mta it]na4Wn f
here aver ena e> .ha t t . AA 'ut ant t:n 1 ltl,ke, -ts
b ays beyn a a�. _ tnc Ow,, o aara n < toe u. "-_ t ,..r.,ry �'IoTP `"his
pmP;igbu l�vt ylyY{aowreyo,, Ativ,a.16 oy+ et .a. o>ri ra...a. Ihgr ..OGyu ¢nc
n S11 2ptunrr of rune Gal_ —
and .000, ion, ..i- s'nti=ta tot ! anA 11stgnaw,.e . _
0 9, the 11101k as aueci P• Paym.,;l
—�to ; ±CceGtarc=; '�iyr+amre
TO Hoosier.
bta
20
Ian✓s_
Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406) 758-5510
This Form is for Subdivisions & Condominiums Only
BY: csa'C&I1
FOR: (j L�
DATE��
DESCP: OU ZI C v � %'u PURPOSE svi �G
(4wcl
YEARS ASSESSOR #
r J ) Jc<.
1^-9,9TTTHRU----------- -- 7 3% r
-----------------
I hereby certify that there are no outstanding taxes on the property
assigned the assessor numbers listed above, for the years indicated for
each assessor number.
--- . 2004
T-------------------------
De`puiy Treasurer
(seal)
GUARANTEEN
A M E
4 - I of - f 1, 0
/V
3y
va-lidating Signatory
Form No. 1282 (Rev. 12)I5/95)
PILE NO.: CT-80485
CT-80485 FEE: S125.00
H-358858
SUBDIVISION OR PROPOSED SUBDIVISION, WAddition NO. 1
SUBjECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER
PROVISIONS 0_ THE CONDITIONS AND ST!_LZ:.TICNS HERETO ANNEXED AND MADEPART
OF THIS GUARANTEE, FIRST AMERiCAN TITLE INSURANCE COMPANY, r CORPORATION,
HEREIN CALLED THE COMPANY GUARANTEES:
Deborah 'Willis
FOR. THE PURPOSE OF AIDING !TS COMPLIANCE WITH FLATHEAD COUNTY SUHD V S 0'-
EGULA INS, TN A SUM NOT EXCEEDING S5,C00.00.
THAT according to those public records which, under the recording laws of the
State of Montana, impart constructive notice Of .?tatters affecting she ___le to
the lands described as follows:
A tract of land, situated, lying, and being in the Southeast Quarter of the
Southwest Quarter of Section 18, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana, and more particularly described as follows to wit:
Commencing at the Southwest corner of the Southeast Quarter of the Southwest
Quarter of Section 18, Township 28 North, Range 21 West, P.MI.X., Flathead
County, Montana, which is on the Southerly R/W of a 40 foot county road
known as Sunnyside Drive; thence along said R/W
North 88"11'18" East 378.11 feet; thence leaving said R/W
North 01'48'42" West 40.00 feet to a set iron pin on the Northerly R/W of
said road and the True Point of Beginning of the tract of land herein
described; thence
North 04'06'06" West 229.84 feet to a found iron pin; thence
North 84'20'54" East 173.16 feet to the approximate thread of Ashley Creek;
thence along said thread the following eleven (11) courses:
South 40"49'31" East 8.78 feet;
South 45'12'33" East 28.09 feet;
South 62"34'26" East 72.25 feet;
South 69'47'10" East 39.38 feet;
South 63'02'2 " East 33.20 _`een
South 51'22'34" East 12.03 feet;
South 61'32'02" East 35.57 feet;
South 10'13East 50.49 feet,
Sout_. 46'14'36' East 31.63 feet;
South_ 28'06'05" East 29.69 feet;
South 06`08'50" west 20.46 feet to the Northerly R/W of said road; _hence
leaving said thread and along said Northerly R/W
Continued...
FILE NO.: CT-80435
Page 2 of 3
.. 358858
North 74'20'42" priest 155.13 feet to a set iron pin; thence
South 48'27'18" West 110.50 feet to a set iron pin, thence
South 88'11'18" West 198.00 feet to the Point of Beginning.
TO BE KNOWN AS: Willis Addition No. 3
(1) Parties :fining record title interest in said _ands whose signatures are
necessary under the requirements of Flathead County Subdivision Regulations
on the certificates consenting to the recordation of Plats and offering for
dedication any streets, roads, avenues and other easements offered for
dedication by said Plat are:
Deborah Willis, as record Owner
Whitefish Credit Union, as Beneficiary
(2) Parties holding liens or encumbrances on the tide to said lands are:
1. Genera'_ and special county taxes for the year 2004, a lien not yet payable.
NOTE: General and special county takes for the year 2003 and all prior years
have been paid in full.
2. Trust Indenture dated March 26, 2004, to secure an indebtedness in the
principal sum of
AMOUNT $173,000.00, and any other amounts and/or obligations secured
thereby.
RECORDED March 29, 2004, as Doc. No. 2004-089-15080,
records of Flathead County, Montana.
GRANTOR Deborah R. Willis, aka Deborah Willis and Delia Young
TRUSTEE Citizens Title & Escrow
BENEFICIARY: Whitefish Credit Union
AFFECTS : Premises and other property
3. Assignment of leases and rents executed by and 'between Deborah R. Willis,
aka Deborah Willis and Whitefish Credit Union, recorded March 29, 2004, as
Doc. No. 2004-089-15090, records of Flathead County, Montana.
Continued...
FILE NO.: CT-80485
Pace 3 of 3
358853
(3) Easements, claims of easements and restriction agreement of record are:
1. County road rights -of -way not recorded and indexed as a conveyance in the
office of the Clerk and Recorder pursuant so title 70, chapter 21, M.C,n.
2. Terms and conditions and Grant of Easement as contained in thaz certain
Agreement by and between John A. Farris, et ux, pa nips of the first part, and
Henri Hoffman, et ux, parties of the second part, reanried Tuly 9, 1914 in
Seek 120, Page 502, records of Flathead County, Montana.
3. Terms and conditions and Grant of Easement as contained in rhaz certain
Agreement by and between Christian Nommenson, et a!, parties of the first
part, and Mary E. Beaulaurier, party of the second part, recorded Septeser
26, 1936 in Book 221, Page 329, records of Flathead County,Montana.
4. Anv claim arising from the difference in the mean low water line of the
Ashley Creek and the meander 'line as shown by the original Government Survey.
5. Right, title and interest of the State of Montana within the bed of tie
Ashley Creek below the low water line, and also excepting accretions
water -ward on said line.
6. Public right and easements for commerce, recreation, navigation and
fishery.
7. Private road and utility easement as disclosed on the pending Fiat of
Willis Addition No. 3.
S. The above described property is located within and subject to the
jurisdiction of the Smith Valley Fire Distripy`..
DATED: March 29, 2004, at 3:09 P.M.
Subscribed and sworn to before me this
nmxru
L W. GrIMCH
'_
:F! M1`OTAt{fAL��
NOTARYP'JaUo"iOWANA
SEAL ` a
;
Riig MKaAapeN, AkMana
,QF F4
MY Comm. rxwe J*MM
I-- + -7--
No z ar!TzJ Pub 1 _c `or State o.. Montana
Residing at KAVI
M`;I Commission
THE END
CONSENT TO PLATTING
Pursuant to Section 76-3-612, MCA 1979, the undersigned. (.y 416�' �V- -i4 uyUflv"
06wi JninetfAtlhereby consents to the Platting of a tract of land to be known and named
as
" thereof attached.
L.l WITNESS WHEREOF, said party has caused their name to be subscribed hereto on
this 4 day of jjuv�� 20
STATE_ OF MONTANA )
SS
COUNTY OF FLATHEAD )
On this ? day of a 200_f before me a Notary Public for the State of
Montana, personally appeared whose name is subscribed to the foregoing instrument and
acknowledged to me that they executed the same.
dc rOTA
Not blie for the State of Moot a Residingat: �1t.� L14 5
My Commission Expires: 03 ($ Leo
1I
TOTAL AREA: 1.624 AC_
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