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11. Final Plat - Northview Heights Phase 2Charles A. Harball City Attorney FROM: SUBJECT: MEETING DATE: City of Kalispell Office of City Attorney 312 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 MEMORANDUM Mayor Pamela B. Kennedy and Kalispell City Council Charles Harball, City Attorney Chris Kukulski, City Manager TO 406,758.7708 Fax 406.758.7771 charball@kalispell.com Northview Heights Subdivision, Previously Known as "The Island Subdivision" Monday, July 6, 2004 BACKGROUND: On June 3, 2002, City Council passed Resolution 4709 that conditionally approved the preliminary plat of the Island Subdivision. In doing so, the Council adopted the Tri-City report KPP-02-2 as its Findings of Fact. The resolution and report are attached for your review. This preliminary plat was approved upon the assumptions submitted by the developer that three phases of development were anticipated. Certain required infrastructure, including improvements to North Riding Road, was contemplated by the parties. As is customary, the completion of the infrastructure was phased and the standard requirement found at Condition 14, that "a minimum of two-thirds of the necessary infrastructure for this subdivision will be completed prior to final plat submittal," was included. The preliminary plat requirements included the extension and construction of North Riding Road from its original terminus at the north end of the subdivision, south through the subdivision, to intersect with Three Mile Drive. Phase One completion required that portion of North Riding Road serving the subdivision to be constructed at least to a 22-foot wide rural construction. Phase Two completion required that portion of North Riding Road lying between Phase One and Phase Two to be constructed to City standards complete with curbs, gutters, and sidewalks. Phase Three completion required that portion of North Riding Road adjacent to Phase Three to be constructed to City standards, complete with curbs, gutters and sidewalks. Once the streets were constructed and accepted by the City, they were to be dedicated to the City and maintained by the City. Northview Heights Subdivision June 30, 2004 Page - 2 The developer is now coming before Council requesting approval of the final plat of Phase 2. Subsequent to the initial approval of the preliminary plat, it came to the attention of the City staff that the property comprising what was to be the third phase of the subdivision was platted and sold as a single lot. The purchasers live immediately to the north and do not intend to develop the property, but rather hold it as greenbelt. The unintended result of this sale may be that the remaining south portion of North Riding Road, which intersects with Three Mile Drive, may never be improved to the City standards of curb, gutter and sidewalk. Given the fact that Phase 3, that is the southern portion of the anticipated development, is not currently being developed to urban density, Council may not be concerned about the failure of that portion of the street to meet our standards. Council may be satisfied to have this condition met, if and when that portion is developed to urban density. However, subsequent to the initial approval of the Island Subdivision, the property on the east side of North Riding Road, adjacent to Phase 3, was annexed into the city, given preliminary plat approval, and is currently being developed to urban density. Because North Riding Road is entirely within the Island subdivision, is being fully constructed by that landowner and will not be dedicated to the City until the completion and acceptance of that street, the developer of the adjoining subdivision was not brought into the obligation to construct or improve the street. When the City approved the preliminary plat for the Island Subdivision, it gave the consideration to the developer to allow him to complete the required infrastructure in phases. In return for this consideration, the developer was expected to actually complete the required infrastructure. This portion of North Riding Road within the subdivision, did not exist, or have a reason to exist, prior to this development. Following completion of this development, the City has agreed to take ownership of this street and maintain it. Certainly, it was reasonable for the City to anticipate that when the development was completed, at whatever level of density, North Riding Road would meet the City standards. The developer may say that it is no longer his burden since he sold what was formerly Phase 3, now a single lot subdivision, Bitterroot Heights, and that it becomes the liability of the new landowner to upgrade the remaining portion of North Riding Road, if and when the new landowner develops the property. The City, however, may argue that the transfer of the property comprising what was to be Phase 3, is in fact, at least for this developer, a completion of the second phase of the development. Therefore, the submittal now before Council could be considered as the third and final phase of the development, triggering the legal requirement to complete all anticipated infrastructure. Office of City Attorney City of Kalispell Northview Heights Subdivision June 30, 2004 Page - 3 RECOMMENDATION: That Council discuss and consider whether or not the applicant for final approval of this phase of Northview Heights be required to complete or be responsible for the completion of infrastructure improvements to North Riding Road to City standards. FISCAL EFFECTS: In the future there will likely be adverse fiscal effects to accepting a street that is not constructed to our City standards. Respectfully submitted, Charles Har 11, City Attorney Chris Kukulski, City Manager Office of City Attorney City of Kalispell Tri-City Planning Office 17 Second Street East —Suite Ill Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel. net REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Final Plat for Northview Heights Phase 2 MEETING DATE: July 6, 2004 BACKGROUND: This is a request for final plat approval of Northview Heights Phase 2 which plats 28 residential lots on approximately 8.030 acres. This phase of the subdivision lies near the northwest corner of the subdivision. Phase I which lies to the west necessitated the extension of North Riding Road from the north creating a roadway connection between the Meadowland Subdivision and Three Mile Drive. North Riding Road has been upgraded to City standards from Meadowland Subdivision, which is in the county, to where Phases 1 and 2 end or approximately 650 feet. The remaining approximately 500 feet has not been completed and what would be previously known as Phase 3 has been platted as a single parcel and conveyed to the adjoining property owner in order to preserve their open space. Please refer to the memo from City Attorney Charlie Harball further outlining this issue. A proportionate share of the required cash in lieu of parkland dedication was submitted with the final plat application in the amount of $7,603.58. In accordance with the conditions of approval, approximately two-thirds of the required infrastructure has been completed and a subdivision improvements agreement has been submitted with a letter of credit in the amount of 125 percent of the cost of the remaining improvements with the final plat application. The property was annexed into the city and the subdivision given preliminary plat approval by the Kalispell City Council on June 3, 2002 subject to 16 conditions. The following is a list of the conditions of preliminary plat approval for this subdivision and a discussion of how they have been met or otherwise addressed. RECOMMENDATION: Please review the memo drafted by the city attorney and consider whether to require bonding for the remaining portion of North Riding Road. A motion to approve the final plat for the Northview Heights Phase 2 and to accept the subdivision improvements agreement would be in order. FISCAL. EFFECTS: Minor positive impacts once developed. Providing Community Planning Assistance To: City of Kalispell s City of Columbia Falls , City of Whitefish Final Plat for Northview Heights Phase 2 June 30, 2004 Page 2 ALTERNATIVES: As suggested by the city council. Respectfully submitted, Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: June 30, 2004 Attachments: Letter of transmittal Final plat application and supporting documents APPENDIX E SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 2004, by and between the CITY COUNCIL, CITY OF KALISPELL, MO1vTANA, Party of the First Part and hereinafter referred to as the CITY, and Northview Hei is LLC (Name of Developer) a Limited Liability Corporation (Individual, Company or Corporation) located at 690 N. Meridian, Suite 210, Kalispell, MT 59901 (Street Address/P.O.Box) (City, County, State, Zip) Party of the Second Part and hereinafter referred to as DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as Northview Hei his Subdivision- Phase 2 (Name of Subdivision) located at Northview Heights (Location of Subdivision) and WHEREAS, the City has conditioned its approval of the final plat of Northview Heights Subdivision- Phase 2 upon the condition North Riding Lane (Name of Subdivision) be completed at this time, and the Developer feels required to bond for the completion of those improvements set forth in "Exhibit A"; and WHEREAS, the City's Subdivision Regulations require that a Developer 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 $272,95.00. NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: 1. -the Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City Council, in the amount of $73.227.00. Said Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days following the dates set for completion of the improvements, certifying the following_ J:A2002\ICO2-010AIt(J2-010-009AWc),-dA un.24.04.APP!; NDIX E.aub improveme i nhase2.doc j a. That the creditor guarantees funds in the sum of $73,227.00, the estimated cost of completing the required North Riding Lane improvements. 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 limited of credit stated in the letter; 2. That said required improvements shall be fully completed by October 31, 2005 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 warrant 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 in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and, f. All applicable fees and surcharges have been paid. 4. 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. 5. Developer reserves the right to contest in court, the necessity of this Agreement and the City's demand for the completion of the improvements covered hereby at this time. I:A2002\K02-010AK02-010-009AWordAjun?4.04.APPENDIX E.sub.improvement.phase2.doc IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO 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 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 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 be 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 herein before written. North -view Heights, LLC by (Cienerat Partner) STATE OF MONTANA COUNTY OF FLATHEAD On this ___,_day of 2004, before me, a Notary Public for the State of Montana, personally appeared Frank R. Strickland known to me to be the General Partner of Northview Heights, LLC, whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal this day and year first above written ye 1lg;tStilNdliitk 1{���! Nota�ic for the tate ofMo tana , Residing at L i ' QNOTARY My Commission Expires 7 9I. ZC4?1j- = < S MAYOR, CITY OF KALISPELL ATTEST: MAYOR FINANCE. DIRECTOR EXHIBIT A NORTHVIEW HEIGHTS SUBDIVISION PHASE- 2 This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. ESTIMATED CONSTRUCTION IMPROVEMENTS STATUS COSTS Water System Sewer System Storm Drainage Utilities FEC NEW CTL TrenchingNaults Street Improvements Excavation Subbase Base Course Asphaltic Concrete 4" Asphaltic Concrete 2" overlay Concrete Curbs & Gutter Sidewalk* Plantings* Top Soil & Seeding Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete 0% 85% 0% 0% 50% Total Total Financial Security (125% of cost of completion) * includes North Riding Lane J:A2002�K02-0101K02-010-009Awordljua2404.APPENDIX Lsub.fmprovemenghase2.doc $3,850.00 $4,351.60 4 CERTIFICATE OF ENGINEER NORTHVIEW HEIGHTS SUBDIVISION PHASE- 2 I, Michael W. Fraser, a Licensed Professional Engineer in the State of Montana, acting on behalf of Thomas, Dean & Hoskins, Inc., do hereby certify: Estimated costs in Exhibit A attached hereto are true and accurate; Done this` day l of, 2004. Certificate of Notary State of Montana County of Flathead On this ,r'day of J V&t , 2004, before me the undersigned, a Notary Public for the State of Montana, personally appeared Michael W. Fraser, known to me to be the person whose name is subscribed to the forgoing instrument and acknowledged to me that he executed the same. � � l „ate /� B Notary Pu is for tl'r State of mana Residing at V- 37jl?LjL- Ems= My Commission Expires on �• �. - SE J-'2002VK02-010iK02-010-009AWordAjun.24-04 APPENDIX E.sub.improvement.phase2.doc APPENDIX E SUBDIVISION IMPROVEMENT AGREEMENT North Riding Lane THIS AGREEMENT, made and entered into this day of 2004, by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and Northview Heights LLC (Name of Developer) a Limited Liability Corporation (Individual, Company or Corporation) located at 690 N. Meridian, Suite 210, Kalispell, MT 59901 (Street Address/P.O.Box) (City, County, State, Zip) Party of the Second Part and hereinafter referred to as DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as Northview Heights Subdivision- Phase 3 (Flame of Subdivision) located at Northview Heights (Location of Subdivision) and WHEREAS, the City has conditioned its approval of the final plat of Northview Heights Subdivision- Phase 3 upon the condition North Riding Lane (Name of Subdivision) be completed at this time, and the Developer feels required to bond for the completion of those improvements set forth in `Exhibit A"; and WHEREAS, the City's Subdivision Regulations require that a Developer 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 $ 33 23&00. NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: 1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City Council, in the amount of $54,047.50. Said Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days following the dates set for completion of the improvements, certifying the following: J :�2002\K02-b10AK02-0I0-009AWord\jun.8.04,APPENDIX &.sub.improvement.northridinglanedoc I a. That the creditor guarantees funds in the sum of $54,037.50, the estimated cost of completing the required North Riding Lane improvements. 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 limited of credit stated in the letter, 2. That said required improvements shall be fully completed by November 6, 2005. 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 warrant 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 in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and, f. All applicable fees and surcharges have been paid. 4. 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. 5. Developer reserves the right to contest in court, the necessity of this Agreement and the City's demand for the completion of the improvements covered hereby at this time. 1:A2002\KO2-010AKO2-010-009\WordAjun.8.04.APPHNDIX E.sub.improvementnorthridinglane.doc IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO 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 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 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 be 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 herein before written. _Northview Hehts, LLC (Name of Subdivision/Developer/Finn) by STATE OF MONTANA COUNTY OF FLATHEAD On this �i,� ay Montana, personally appeared Heights, LLC, whose name is executed the same. Partner) of 2004, before me, a Notary Public for the State of Frank R. Strickland known to me to be the General Partner of Northview subscribed to the foregoing instrument and acknowledged to me that he IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal this day and year first above written (/y%1 tt,H�1N}rtit3V{ Bi11W Ii3yyl// kx Notary Pu he for`5he State of Montana 10 F� ResidingaY NOTARY My Commission Expires SEAL MAYOR, CITY OF KALISPELL ATTEST: MAYOR FINANCE DIRECTOR J 20021K02-(J101K02-010-0(19AW'oid`.'Jim.8 04.,%PPE "I)IX E.doe i�1:IlElr�stil ESTIMATE - North Riding Lane Improvements NORTHVIEW HEIGHTS SUBDIVISION NORTHVIEW HEIGHTS, LLC KALISPELL, MT - JUNE 2004 ITEM NO. QUANTIT UNITS DESCRIPTION STREET, WATER, SEWER, STORM DRAINAGE, LIGHTS 1 1 LS Mobilization WATERIMPROVEMENTS 2 400 LF Water Main - 8" PVC C-900 Class 150 3 2 EA Fittings 4 1 EA 8"x12" Tapping Sleeve and Valve 5 2 EA New Fire Hydrant Assembly 8 133 SY Asphalt Replacement STREET IMPROVEMENTS 9 1,400 SY 2" Asphalt Concrete 10 800 LF Concrete Curb & Gutter 11 450 SY 4" Thick Sidewalk with base gravel 12 1 L.S. Seeding & topsoil & trees TOTAL ESTIMATE Total Financial Security (125% of Total Estimate) Engineer's Estimate Unit Price Total Price (Figures) (Figures) $2,500.00 $2,500.00 $14.52 $5,808.00 $350.00 $700.00 $1,800.00 $1,800.00 $2,400.00 $4,800.00 $10.00 $1,330.00 $5.50 $7,700.00 $8.60 $6,880.00 $21.60 $9,720.00 $2,000,00 $2,000,00 $43,238.00 $54,047.50 ®� A , FV rx..) y4 l 06.22.04. North. riding .lane.impr.est..xls Page 1 CERTIFICATE OF ENGINEER NORTHVIEW HEIGHTS SUBDIVISION NORTH RIDING ROAD I, Michael W. Fraser, a Licensed Professional Engineer in the State of Montana, acting on behalf of Thomas, Dean & Hoskins, Inc,, do hereby certify: Estimated costs in Exhibit attached hereto are true and accurate; 19- Done this Ol day of, 2004. W. r , P.E6 a °flN s �* f Certificate of Notary State of Montana County of Flathead On this Z�Tay of , 2004, before me the undersigned, a Notary Public for the State of Montana, personally appeared Michael W. Fraser, known to me to be the person whose name is subscribed to the forgoing instrument and acknowledged to me that he executed the same Notary Publ c�f tl e State Montana Residing at J r EYE-- My Commission Expires on 7 i4 t:A20021K02-010CKO2-010-009AWord\jnn. 8.04.APP6NDIX E doe Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax:(406) 751-1858 tricity@centurytel.net June 28, 2004 Chris Kukulski, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Northview Heights Subdivision Phase 2 Dear Chris: Our office has received an application from TD & H for final plat approval of Northview Heights Phase 2 which plats 28 residential lots on approximately 8.030 acres. This phase of the subdivision lies near the northwest corner of the subdivision. Phase 1 which lies to the west necessitated the extension of North Riding Road from the north creating a roadway connection between the Meadowland Subdivision and Three Mile Drive. North Riding Road has been upgraded to City standards from Meadowland Subdivision, which is in the county, to where Phases 1 and 2 end or approximately 650 feet. The remaining approximately 500 feet has not been completed and what would be previously known as Phase 3 has been platted as a single parcel and conveyed to the adjoining property owner in order to preserve their open space. Please refer to the memo from City Attorney Charlie Harball further outlining this issue. A proportionate share of the required cash in lieu of parkland dedication was submitted with the final plat application in the amount of $7,603.58. In accordance with the conditions of approval, approximately two-thirds of the required infrastructure has been completed and a subdivision improvements agreement has been submitted with a letter of credit in the amount of 125 percent of the cost of the remaining improvements with the Imal plat application. The property was annexed into the city and the subdivision given preliminary plat approval by the Kalispell City Council on June 3, 2002 subject to 16 conditions. The following is a list of the conditions of preliminary plat approval for this subdivision and a discussion of how they have been met or otherwise addressed. COMPLIANCE WITH CONDITIONS OF APPROVAL Condition No 1. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the location of lots and roadways within the subdivision. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of whitefish Final Plat for Northview Heights Phase 2 June 30, 2004 Page 2 • This condition has been met. The plat for Phase 2 complies with the approved preliminary plat with regard to the location of lots and roadways. Condition No 2. That the roadways serving the subdivision shall be constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell for local roads and include the pavement, curbs, gutters, storm drainage, sidewalks and a minimum five foot landscape boulevard with street trees placed in accordance with a plan approved by the parks and recreation director. A letter from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required specifications shall be submitted at the time of final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City standards. • This condition has been adequately addressed. The northern portion of North Riding Road associated with Phases 1 and 2 of the subdivision. Some of these improvements are being addressed under a subdivision improvements agreement that has been submitted along with a letter of credit covering the costs in the amount of 125 percent of the cost of the improvements along with a letter from a licensed engineer certifying the work and remaining costs. Condition No 3. That the developer provide documentation that the necessary easements have been obtained granting utility access to the subdivision across privately owned property to the northeast of the site. An attempt should be made on the part of the developer to acquire pedestrian access as well as utility access to provide easy access to Sunset Park. • This condition has been met. A recorded easement has been submitted with the final plat granting access for utilities to the subdivision across property to the northeast. No other access was granted. Condition No 4. That a letter be obtained from the Kalispell Public Works Department approving the plans and specifications for water, sewer and drainage facilities for the subdivision. • This condition has been met. A letter from the Kalispell Public Works Department dated 11/17/03 approving the plans and specifications for this phase of the subdivision has been submitted with the final plat. Condition No 5. A storm water drainage plan which has been designed by an engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department. • This condition has been met. A letter from the Kalispell Public Works Department dated 11/ 17/03 approving the plans and specifications for this phase of the Final Plat for Northview Heights Phase 2 June 30, 2004 Page 3 subdivision has been submitted with the final plat Condition No 6. That the developer obtain a letter from the Flathead County Road Department and the Montana Department of Transportation approving the intersection of North Riding Lane and Three Mile Drive and certifying that any necessary improvements have been made. • This condition has been adequately addressed. A letter from the Flathead County Road Department approving the location and design of the approach has been submitted with the remaining improvements associated with the paving being addressed with the subdivision improvements agreement. Condition No 7. That the lots within the subdivision be reconfigured so that all lots meet the minimum 60-foot lot width requirements of the R-3 zoning district and the minimum lot size requirements of 7,000 square feet exclusive of any easements. • This condition has been met. All of the lots in this phase of the subdivision have been designed to meet the requirements of the R-3 zoning for the property. Condition No 8. The road 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 be subject to review and approval of the Kalispell Fire Department. • This condition has been adequately addressed. The signage is addressed under the subdivision improvements agreement for the subdivision and will be installed upon completion of the roads. Condition No 9. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. • This condition has been met. A letter from the post office approving a location for a cluster mailbox has been submitted with the final plat and the mailbox is in place. Condition No 10. 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 adequately addressed. The street lighting has been addressed in the subdivision improvements agreement. Condition No 11. That the parkland dedication requirements shall be met by paying cash -in -lieu of parkland dedication in the amount of one ninth of the area devoted to lots or 16.514 acres, based on a value of $11,285 per acre in the amount of $20,500, • This condition has been addressed. Cash in lieu of parkland dedication has been submitted for this phase with the final plat in the amount of $7,603.58, the value of one ninth of the area in lots. Final Plat for Northview Heights Phase 2 June 30, 2004 Page 4 Condition No 12. All utilities shall be installed underground. • This condition has been met. The utilities have been installed underground and certified with the subdivision improvements agreement. Condition No 13. That the fire access and suppression system comply with the Uniform Fire Code and a letter from the Kalispell Fire Department approving the access and number and placement of fire hydrants within the subdivision as well as fire flows and access shall be submitted with the final plat. The fire access and suppression system shall be installed and approved by the fire department prior to final plat approval. • This condition has been met. A letter from the Kalispell Fire Marshal dated 6/8/04 approving the access and fire hydrant location has been submitted with the final plat. The road has been constructed to a sub base condition and adequate access can be provided and hydrants have been installed. Condition No 14. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. • This condition has been met. A subdivision improvements agreement has been submitted to address the remaining portion of the improvements to be completed. Condition No 15. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. • This condition has been adequately addressed. Revegetation will be completed after construction and is addressed in the subdivision improvements agreement. Condition No 16. That preliminary approval shall be valid for a period of three years from the date of approval. • This condition has been met. The final plat for this subdivision has been submitted prior to expiration and will extend the preliminary plat approval for another three years from the date of the approval of Phase 3. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was reviewed and approved by the city council on June 3, 2002. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. Final Plat for Northview Heights Phase 2 June 30, 2004 Page 5 COMPLIANCE WITH THE ZONING REGULATIONS This subdivision can be found to be in compliance with the Kalispell Zoning Ordinance and the R-3, Urban Residential, zoning designation for the property which governs the dimensional requirements of the lots within the subdivision and well as the uses. RECOMMENDATION: All of the conditions of preliminary plat approval have been met or otherwise adequately addressed. Staff would recommend that the Kalispell City Council approve the final plat for the first phase of the subdivision and accept the subdivision improvements agreement as submitted. Please schedule this matter for the regular city council meeting of July 6, 2004. Sincerely, Narda A. Wilson Senior Planner NW/ Attachments: 1 opaque mylars of final plat 1 reproducible mylar of final plat 1 copy of final plat Ltr from TD&H dated 6/ 14/04 Ltr from TD&H dated 6/23/04 Final plat application dated 6/ 14/04 Ltr from Kalispell Public Works dated 11 / 17/03 Ltr from Kalispell Public Works dated I I/ 17/03 Ltr from Kalispell Parks and Rec dated 9/24/02 Ltr from Kalispell Fire Dept dated 6/8/04 Ltr from USPS dated 12/ 11/02 Ltr from MDEQ EQ#04-01476 dated 9/29/03 Ltr from TD&H dated 6/24/04 Memo from Kalispell Public Works dated 6/25/04 Subdivision improvements agreement - Phase 2 Ltr of credit from Glacier Bank dated 6/24/04 Subdivision improvements agreement - North Riding Road Ltr of credit from Glacier Bank dated 6/23/04 Easement dated 8/5/04 Treasurers Certification dated 6/9/04 Title report dated 6/4/04 Consent to plat from Glacier Bank 6/ 14/04 Final Plat for Northview Heiehts Phase 2 June 30, 2004 Pane 6 Cash in lieu of parkland check for $7603.58 Reduced final plat Reduced preliminary plat c: M. Fraser, TD&H, 690, N. Meridian Rd., Kalispell, MT 59901 Northview Heights, M & M Hensley, 690 N. Meridian Rd., Kalispell, MT Theresa White, Kalispell City Clerk 3h..a , De.. a Ho,k�.s, €m F—i& ering Cgnsu[tant F t June 14, 2004 Narda Wilson Senior Planner (Kalispell) Tri-City Planning Office Ford Bldg., 17-2nd St. E., Ste. 211 Kalispell, MT 59901 Re: Northview Heights- Phase 2 Dear Narda: Attached is the Final Plat and attachments for the above referenced project. Items included are: - Application Form - Review Fee — $1,820 - Title Report - Consent to Plat - Certification Taxes Paid - DEQ Approval - Conditions Letter and Attachments - Subdivision Improvements Agreement with Letter of Credit - Plat Copies (mylars, blue lines & I Ix17) Please contact us if you have any questions or if you require additional information, Sincerely, THOMAS, DEAN & HOSKINS, INC. Richard J. Swan, P.L.S. RJS: db K02-010-009 Encl: Referenced Above 1:A2002\K02-010AK02-010-009AWmd\jun.14.04.Wilson.Final Plat.ltndoc b`- i, ,,or. 2 , fei d, a713 `'w 10 - hcu'ope'!—'11T 59901 + i 460) 755z-52 6 ® fAff t406,i '" - 230 CONDITIONS LETTER I. See attached copy of Preliminary Plat (I 1xI7). 2. See attached Engineer's Certification See attached letter from Parks & Recreation, outlining type and spacing of street trees. 3. See attached copy. 4. See attached correspondence dated November 17, 2003. from Frank Castles P.E. 5. See item 4. 6. Access to Three Mile Drive was part of Phase 1. T All lots meet current Kalispell zoning requirements. 8. Road signs have been purchased and will be installed upon delivery. 9. Mailboxes for all Phases were installed in Phase 1, per USPS standards. Phase I approval letter from Pennie Ulvila is attached. 10. Street lighting has been installed. See Exhibit C- Engineers certification on attached S.I.A. 11. See attached check. Phase 2—Portion. 12. All utilities are installed underground. 13. See attached correspondence from City of Kalispell Fire Department. 14. See attached Subdivision Improvement Agreement. 15. Revegetation is covered by Subdivision Improvement Agreement. See attached weed -free seed mix. 16. N/A_ l:A2002VCO2-010AK02-010-009AWordAjun.14.04.conditionslettei.doc Thomas, Dean B, Hoskins. I.c. Engineering Consulranty June 23, 21104 Narda Wilson Tri-City Planning Office Ford Bldg., 17-2nd St. E., Ste. 211 Kalispell, MT 59901 Re: North View Heights- Phase 11 Dear Narda: Enclosed is the original application for final plat approval dated June 14, 2004 We have provided the City the enclosed request for approval of the improvements installed. We understand the City is preparing their approval of the improvements. A copy will be forwarded as soon as it is received. The City Attorney has indicated the Final Plat approval will be on the July 6"' agenda. Your help in meeting the City's goal would be appreciated. The initial application for Final Plat approval contained a Subdivision Improvements Agreement for the sidewalk and street trees for Phase 11. Attached is a separate Subdivision Improvements Agreement for the completion of North Riding Lane. Although completion of North Riding Lane is part of Phase III, we may be compelled to complete North Riding Lane as part of Phase IL Please review the second SIA along with the previously submitted agreement. If the council requires completion as part of Phase IT, the second SIA guarantees completion.. It is essential the plat be approved at the July 6"' meeting, regardless of the decision of the council. If the Council acts consistent with resolution 4709 then the SIA for North Riding Lane should be returned to this office. If the Council requires North Riding Lane be completed, then the SIA will assure the construction and should be approved with the Final Plat. Your assistance is appreciated Sincerely, THOMS, Dr -AN & � IOSKINS, INC. Michael W. Fraser, P.E. MAT: db K02-010-009 Encl: As referenced above Cc: Rich Dejana North View Heights LLC Jim Hansz J:r2002',K02-010AK02-010-0091W ordA06.22-04.nardaao.doc 690N girth Me id un ,Su,te ; 0/ • Kcdimeft, MT 599 'i' ® t400 752- 246 ® FAX t406j 7 2 ` O Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 FINAL PLAT APPLICATION KALISPELL _X_ WHITEFISH ` COLUMBIA FALLS Project / Subdivision Name: Northview Heights Subdivision - Phase 2 Contact Person: Owner & Mailing Address: Name: Mike Fraser - Thomas Dean & Hoskins Inc Northview Heights, LLC Address: 690 N. Meridian Suite 101 690 N. Meridian, Suite 201 Kalispell MT 59901 Kalispell MT 59901 Phone No. (406) 752-5246 (40W 752-2881 Date of Preliminary Plat Approval: June 3 2002 -Resolution 4709 Type of Subdivision: Residential X Industrial Commercial ,PUD Other No. of Lots Proposed 28 Land in Project (ac.) 8.030 AC Parkland (acres) N/A Cash -in -Lieu 7 603.58 Exempt_ FILLING FEE ATTACHED IL820 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 CHECK ONE) Health Department Certification (Original) _X_ Title Report (Original, not more than 90 days old) _X Tax Certification (Property taxes must be paid) _jX Consent(s) to Plat (Originals and notarized) _X Subdivision Improvements Agreement (Attach collateral) _X Parkland Cash -in -Lieu (Check attached) Maintenance Agreement _X_ Plats: 1 opaque OR 2 mylars 1 mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned **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 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. Owner(s) Signature ate **A digital copy of the final plat in a Drawing Interchange Rile (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 City of Kalispell Public Works Department Post Offic, Box 1997. Kalispell, Montana 59901-1997 - Telephone (406)758-77'ZO. Fax (406)158-183 1 November 17, 2003 Lisa M. Wurster, E.I.T. Thomas, Dean & Hoskins, Inc. 690 North Meridian, Suite 101 Kalispell, Montana 59901 PE: Northview Heights Subdivision, Phase II Kalispell, Montana The construction plans and supporting documents for the referenced project are hereby approved. Attached is your copy of the letter of approval sent to the Flathead City - County Health Department. We look forward to working with you on this project. Sincerely, A �'� Frank Castles, P.E. Assistant City Engineer Attachment: As Stated r City of Kalispell PublicWorks Department Post office Box 1997. Kalispell, Montana 59903-1997 - Telephone (406)738-7720, Fax (406); 38-7831 November 17, 2003 Dick Montgomery, P.E. Environmental Health Services Flathead City -County Health Department 1035 First Avenue West Kalispell, Mt. 59901 Re: Northview Heights Subdivision, Phase II Kalispell, Montana Dear Dick, This letter is to confirm that the City of Kalispell has reviewed and approved the construction plans and specifications prepared by Thomas, Dean & Hoskins, Inc., for the referenced project. The Kalispell sanitary sewer system has adequate capacity to serve the project. If you have any questions, please do not hesitate to contact this office. Sincerely, Frank Castles, P.E. Assistant City Engineer cc: Lisa Wurster, E.T.T. City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone i408i758-7700 Fa(408)758-7758 September 24, 2002 Thomas, Dean and Hoskins Attn: Mark J. Munsinger, P.E. 690 N. Meridian, Suite 101 Kalispell MT 59901 Re: Northview Heights Subdivision Dear Mr. Munsinger: T OC A5, =,`LAN' � � S HP 2002 YVI .fob No.oIv ® s I am writing this letter in response to your request for help in developing a tree planting plan for Northview Heights Subdivision. I have enclosed a copy of our tree list for acceptable boulevard trees. Boulevards are 10' wide and all trees need to be planted a minimum of 40' a part. Trees need to be 2 1/4" in diameter. Large shade trees such as maple or lindens are the preferred trees. I hope this information is helpful. If I can be of further assistance, please do not hesitate to call. 3aicer, C.L.P. narks and Recreation MB/Ims enc: Parks and Recreation Tree List awd Tree List Norway Maple Red Maple Littleleaf Linden Black Walnut American Linden Horsechestnut Washington Hawthorne Columnar Norway Maple Globe Norway Maple Chrimson King Norway Maple Redmond Linden European Mountain Ash English Hawthorne Note: Assorted flowering crabs and ornamentals, as approved for small locations, overhead obstructions, etc. SEEEDIYGMX FOR WHITEFISIIARE4, FLATTIE4D COSY Seeding will be drilled following the slope contours immediately after final grading using the below- mir The seeding mu and rates to be used are as follows: .SPECIES !�s PLS/ACR_E Regar browe 3_5 ffard fescue 3.0 Interwediate wheatgrass 2_5 Alsike clover 2_5 Annual ryegrass 2_5 Kentucky bluegrass 2-0 LadaE alfalfa 2_ 0 Timothy 1_5 Napier orchardgrass 1!0 total pounds per acre 20_5 77re #s PLS/ACRErueans pounds per acre ofpure live seed tliat.is certified to be weed free, The rates shown should be doubled if seeds are broadcast; and scarifyiagis required after seeding to -cover seeds with topsoil to preveutloss by wind water and wildlife_ op'Dec�il. 2002' 5:590M4067560045 "=P°=TNLSERVIOE @a.990? F 2/3 0' al's UNTEDSTATES -POSTAL SERWLE aso mom Mum" ROAD. KAUSPM Wr'59W-"" December 11. 2002 Thomas, Dean and Hoskins, [no, 690 North Meridian, Suite 101 Kalispell,' MT 59901 RE: Northview Heights Subdivision To Whom It May Concern: The above -referenced project has been reviewed and a suitable location for mail delivery has been established. Please see the attached proposed box site. We will be installing five 16-unit C6U's and a parcel locker. I will be sending you pictures of a turnout site in the Edgefton school area that works well for delivery and residents. Also attached are specifications for the cement pad and information on cluster box units. Sincerely, 2%4414. Pennie Ulvila Supervisor, Customer Services PU:maa Attachments Randy Brodeld - Fire Chief Jim Stewart - Assistant Chief'Prevention Dee McCloskey -- Assistant Chief/Operations June 8, 2004 TD&H 690 North Meridian, Suite 101 Kalispell, MT 59901 Attn: Richard J. Swan Re: Final plat approval — Northview Heights Phase 2 Dear Mr. Swan, 312 First Avenue East Kalispell, Montana 59901 (406)758-7760 FAX: (406) 758-7952 JUN 0 9 200 In response to your request for final plat approval of the above -reference project we have the following information. 1. Fire hydrant locations, fire flow and fire department access are approved by this department. 2. It is our understanding that street signage will be provided prior to combustible construction. All requirements from our department for Phase 2 have been met. Please contact me if you have any questions. Sincerely, Jim Stewart Assistant Fire Chief/Fire Marshal Kalispell Fire Department cc: Narda Wilson, Tri-City Planning Office 'Assisting our community in reducing, preventing, and mitigating emergencies." Montana Department of 10 4' t ti+ 1 Yi k"i September 29, 2003 Thomas, Dean & Hoskins Lisa M Wurster EIT 690 North Meridian Suite 101 Kalispell MT 59901 Dear Ms Wurster: Judy Martz, Governor (406) 444-2544 ^ ewewsw.deq. state. mt. as RE: Northview Hieghts Phase 11 Municipal Facilities Exclusion EQ#04-1476 City of Kalispell Flathead County 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 and ARM 17.36.602. Under 76-4-124, 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 Water Protection Bureau, Kalispell Office for their review. Sincerely, �0 A //1 ; ltr - Janet Skaarland Compliance Technician Subdivision Section Water Protection Bureau (406) 444-1801 -- email jskaarland@state.mt.us cc: City Engineer, City of Kalispell County Sanitarian file _OT 4- Cea:ralized Services Division Enforcement Division Permiuing & Compliance Division Planning, Prevention &Assistance Division Remediation Division June 24, 2004 Narda Wilson Tri-City Planning Office Ford Bldg., I7-2nd St. E., Ste. 211 Kalispell, MT 59901 Re: Northview heights- Phase II Dear Narda: We have discussed the subdivision Improvements Agreement (SIA) with the city engineer. At his request, we have revised the SIA's. The SIA for Phase III improvements to North Riding Lane have been revised to reflect construction within 18 months. The SIA for Phase 11 has been revised to include a portion of North Riding Lane. If you have any questions please feel free to call me. Sincerely, THOM S, DI�N &,ddOSKiNS, INC. i} I Mtichael W. Fraser, P.E. MWF: db K02-010-009 Fncl: As referenced above Cc: Rich DeJana Jim Hansz J 2002\K02-010AK02-010-009AW ord',06.24.06.narda.ltr..doc 69c trr,h Meridian,Su c (? h rLi.sprit. r6JJttf (406)7--`246 ® FAX (106ii-52?2 0 City of Kalispell Public Works Department Post Office Pox 1997, Kalil n 59903-199 7 - Telephone (406)758-7720, Fax (406)758-7831 MEMORANDUM 25 June 2004 TPJ-CITY PLANNING OFFICE To: Narda Wilson, Senior Planner From: James C. Hansz, P.E.. Director of Public Works/City 10, gineer Subject: Northview Heights This office has reviewed the work to date for this subdivision and also Subdivision Improvement Agreements for the uncompleted portions for the work and found them to be agreeable and satisfactory for consideration by the City Council. Attached is the analysis of this issue performed by Frank Castles along with copies of the submittals he reviewed. memo0212004.aoc A1 GLACIER 01 BANK IRREVOCABLE STANDBY LETTER OF CREDIT City of Kalispell Letter of Credit No. 1-04-223 PO Box 1997 Date: June 24, 2004 Kalispell, MT 59901 Expiration Date: December 31, 2005 Amount: $73,227.00 We hereby establish in your favor an irrevocable letter of credit up to the aggregate amount of Seventy Three Thousand Two Hundred Twenty Seven and 00/100 U.S. Dollars ($73,227.00) at the request of Northview Heights, LLC. If Northview Heights, LLC fails to complete the specified improvements in the Northview Heights 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. Unless otherwise stated, this Letter of Credit is subject to the Uniform Customs and Practices for Commercial Documentary Credit (1983 Revision) International Chamber of Commerce. GLACIER BANK Dennis S. Beams Executive Vice President -.K r email: OAA GLACIER BANKYy`,vvy', IRREVOCABLE STANDBY LETTER OF CREDIT City of Kalispell Letter of Credit No. 1-04-224 PO Box 1997 Date: June 23, 2004 Kalispell, MT 59901 Expiration Date: January 6, 2006 Amount: $54,047.50 We hereby establish in your favor an irrevocable letter of credit up to the aggregate amount of Fifty Four Thousand Forty Seven and 50/100 U.S. Dollars ($54,047.50) at the request of Northview Heights, LLC. If Northview Heights, LLC fails to complete the specified improvements in the Northview Heights 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. Unless otherwise stated, this Letter of Credit is subject to the Uniform Customs and Practices for Commercial Documentary Credit (1983 Revision) International Chamber of Commerce. GLACIER B K r Dennis S. Beams Executive Vice President o .r..•. www.glocierbank.com ♦ :f 2002318 EASEMENT THIS EASEMENT AND INDENTURE, made this S day of ' 2002, by and between Thomas L. Jones Shirley A. Jones and Richard L. Tones, Sr., hereinafter referred to as 40 "GRANTORS", and Northvieweights, LLC H, its assigns and successors forever, hereinafter referred to Q 1-as "GRANTEE". �j WITNESSETH: 0That for receipt of valuable considerations, the sufficiency of which is hereby acknowledged, the GRANTORS do hereby grant, transfer and convey unto the GRANTEE a perpetual easement for the sole purpose of installation of water mains, sewer mains, electrical lines, gas lines, cable television lines or other necessary utilities to serve a proposed subdivision, and ingress and egress for the maintenance and repair of said mains and lines, across the real property owned by the GRANTORS for the benefit of the GRANTEE. Said easement is more particularly described: T'ne north 25 feet of the west half of the west half of the Southwest Quarter of the Southeast quarter (WI/2 WI/2 SWl/4 SE1/4) of Section one (1), Township Twenty-eight (28) North, Range Twenty-two (22) West. Montana Principal Meridian, in Montana. Further said easement is granted with the following conditions: 1. The Grantee shall not assess any fees or costs to the Grantor, or assignees for fixture connections or use of the utilities installed in the easement. 2. Access to the easement shall be limited access for maintenance and repair of the utilities and no other. No roads or paths shall be constructed on or over the easement. 3. Consideration for the easement shall be 58500. The Easement hereby granted is an easement appurtenant and is intended to serve the GRANTEE, its successors and assigns. IN WITNESS WHEREOF, the GRANTORS have hereunto set their hands the day and year first abowritten. A LeRoy Tonon : _ Richard � Jo11es, Sr. CERTIFICATE OF NOTARY State of Montana } County of Flathead ) ss. Lo On this 'day of 20 ©Z-- before me the undersigned, a Notary Publicte State of Montana personally appearefl, Thomas LeRoy Jones, Shirley Ann Jones and RichardLe YJones Sr. known to me to be the person(s) whose name(s) are subscribed to the foregoing instrument and acknowledged to me that they executed the same. n t /'-') A STATE OF MONTANA, ss County of Flathead Recorded at the request of this ) day of��— , 11 l _ Notary Public forthStaiFofPMor Residing at Kalispell Nfontana My Commission Expires on ? t 2014 j at�.� o'clock and recorded in the records of Flathead County, State of Montana. Fee $ G- Pd. RECEPTION NO. aG �1 RETURN TO J� /-t N Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions & Condominiums Only BY: l ( �q FOR: '(LI( l�L� ?i`�L G DATE-2� DESCP: %VG1r7yiUl �{er56t5 �2 PURPOSE 'J YEARS ASSESSOR # 2000 THRU & TO DATE I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. ._-- ? Deputy Treasurer (seal) jUN 0 9 Z $ � AMER, C, I Form No. 1282 (Rev. 12/15/95) Form 1283 Litigation Guarantee (Rev. 12/16/92) SUBJECT TO THE LIMITATIONS CONTAINED HEREIN, THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FirstAmerican Title Insurance Company, a California corporation, herein called the Company, GUARANTEES the Assured named in Schedule A against loss not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurance which the company hereby gives that, according to the public records, as of Date of Guarantee shown in Schedule A: The title to the herein described estate or interest is vested in the vestee named in Schedule A. 2. Except for the matters shown in Schedule B, there are no defects, liens, encumbrances or other matters affecting title to the estate or interest in the land shown in Schedule A, which matters are not necessarily shown in the order of their priority. 3. a) The current interest holders claiming some right, title or interest by reason of the matters shown in Part II of Schedule B are as shown therein. The vestee named in Schedule A and parties claiming to have some right, title or interest by reason of the matters shown in Part II of Schedule B may be necessary parties defendant in an action, the nature of which is referred to in Schedule A. b) The current interest holders claiming some right, title or interest by reason of the matters shown in Part I of Schedule B may also be necessary parties defendant in an action, the nature of which is referred to in Schedule A. However, no assurance is given hereby as to those current interest holders. 4. The return addresses for mailing after recording, if any, as shown in each and every document referred to in Part 11 of Schedule B by specific recording information, and as shown on the docu- ment(s) vesting title as shown in Schedule A are as shown in Schedule C. THIS LITIGATION GUARANTEE IS FURNISHED SOLELY FOR THE PURPOSE OF FACILITATING THE FILING OF THE ACTION REFERRED TO IN SCHEDULE A. IT SHALL NOT BE USED OR RELIED UPON FOR ANY OTHER PURPOSE. txSxtLE INS&"IN FirstAmerican Title Insurance Company BY PRESIDENT ,y �c ATTEST SECRETARY r `i�'4�IF 0T' g Validating Signatory FILE NO.: CT-81280 CT-81280 H 358912 FEE: $125.00 SUBDIVISION OR PROPOSED SUBDIVISION: Northview Freights Subdivision Phase 2 SUBJECT T'0 THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO T--'TZXED AND MADE A PART Or THIS GUARANTEE, FIRST P.1'1"ERICAIV TIT L.= INSURAtiCE CO:'rPA_v?, A CORPORATION, HEREIN CALLED THE COMPANT' GUARANTEES: T o :as, Dear. « Hoskins, Inc. FOR THE PURPOSE OF AIDING 1TS COMPLIANCE WITH FLATHEAD COUNTY SUBDT_ViS=ON REGULATIONS, IN A SUM NOT EXCEEDING $5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands descr_'ceJ. as __'less. TRACT 1: The Southeast Quarter of the Southwest Quarter of Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. EXCEPTING THEREFROM that portion deeded to the State of Montana State Hiahway Commission by Bargain and Sale Deed, recorded December 8, 1955, in Book 383, Page 306, as Doc. No. 8406, records of Flathead County, Montana. ALSO EXCEPTING THEREFROM: Beginning at a point on the North right of way line of a county road, commonly known as Three Mile Drive, which said point is 50 feet North of the centerline of said county road, and is 47.4 feet North of the South Quarter corner of said Section 1; thence North 01'01' East, a distance of 556.7 feet; thence North 82'431l2' West, a distance of 571.3 feet; thence South 04'17' West, a distance of 625.5 feet to a point on the North right of way line of said county road and being 60 feet from the centerline of said county road and 58 feet from the South Section line of said Section l; thence North 89'32' East, a distance of 34.6 feet along the North right of way line of said county road; thence South 00'28' East, a distance of 10 feet to a point on the North boundary of said county road right of way, which line is 50 feet from the centerline of sa-d county road; thence North 89*32' East, a distance of 568.8 feet to the Place of Beginning. Continued... FILE NO.: CT-81280 PAGE 2 H-358912 AND EXCEPTINTG THEREFROM: Commencing at a point on the North right of way line of a county road, comron'_y known. as Three Mile Drive, which said point is 50 feet North of the centerline of said county road, and is 47.4 feet Ncrt'n of the South Quarter corner of said Section 1; thence South 89'32' West along the North boundary of said county road, a distance of 568.8 feet; thence North 00.28' West, a distance of 10 feet to a point on the Forth boundary of said county road; thence South 89'32' West along the North boundary of said county road, a distance of 94,81 feet to a point which is the Point of Beginning of the tract of land herein being described; thence ..__.. C4'17' East, a distance of 15C ___ thence South 89'32' West. a dfszance of __ :hence South 04'17' West, a distance of 160 feet to a point on the North boundary of said county road; thence North 89'32' East along the North boundary of said county road, a distance of 94.81 feet; thence North 00'28' West, a distance of 10.00 feet to a point on the North boundary of said county road; thence North 89'32' East, a distance of 5.19 feet to Place of Beginning. ALSO EXCEPTING THEREFROM: Commencing at a point on the North right of way line of a county road, commonly known as Three Mile Drive, which said point is 50 feet North of the centerline of said county road, and is 47.4 feet North of the South Quarter corner of said Section 1; thence South 89'32' West along the North boundary of said county road, a distance of 763.61 feet to a point, which is the Southwest corner of that certain tract conveyed to Orine E. Steubs and Dora C. Steubs by Deed, recorded on October 7, 1959, as Doc. No. 6233, and which point is the Place of Beginning of the tract of land herein being described; thence North 04'17' East along the West boundary of said Steubs tract, a distance of 160 feet; thence South 89'32' West, a distance of 110.00 feet; thence South 04'17' West, a distance of 160.00 feet; thence North 89'32' East, a distance of 110.00 feet to the Place of Beginning. Continued... FILE NO.: CT-81280 PAGE 2 H-358912 ALSO EXCEPTING THEREFROM: Beginning at a point., the accepted Southwest corner of said Section ?; thence North 67'43'20" East, a distance of 1432.19 feet to a point on the Westerly boundary of said Southeast Quarter of the Southwest Quarter, which is the Point of Beginning; thence North 00'57'42" East along the Westerly boundary of said Southeast Quarter of the Southwest Quarter, a distance of 318.54 feet to a point; thence South 87'17'11" East, a distance of 591.69 feet to a point; thence South 05'36'29" West, a distance of 291.75 feet to a point; thence South 39'59'16" west, a distance of 567.87 feet to the Point of Beginning. ALSO EXCEPTING THEREFROM: All of Ycrnhview Heights Sun__, ___ Phaza 1, according to the nag e- y-_.z thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. ALSO EXCEPTING THEREFROM: All of Bitterroot Heights Subdivision - Phase I, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. THE ABOVE DESCRIBED TRACT OF LAND IS TO BE KNOWN AND DESIGNATED AS: Northview Heights Subdivision Phase 2 (1) Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenues and other easements offered for dedication dedication by said Plat are: Northview Heights, LLC-vested party Glacier Bank -beneficiary (2) Parties holding liens or encumbrances on the title to said lands are: 1. General and special county and city taxes for the year 2004, a lien rot _yet payable. NOTE: General and special county and city taxes for the year 2003 and all prior years have been paid in full. Continued... FILE NO.: CT-81280 PAGE 3 H-358912 2. Deed of Trust dated September 9, 2002, to secure an indebtedness in the principal sum of AOL'NT $403,356.00, and any other amounts and/or obligations secured thereby. RECORDED September 19, 2CO2, as Doc. No. 2002-262-11020, records of Flathead County, Montana. CR-iINTOR Northvie z Heights LLC TRUSTEE Citizen's Title and Escrow Co. Inc. BENEFICIARY: Glacier Bank AFFECTS : Pre_rises and other property Modification agreement recorded February 13, 2003, as Doc. No. 2003-056-12360, records of Flathead County, Montana. _. Deed of Trust dated Fenruar_v 7, 2003, to secure anindebtec ess in the AMOUNT $500,000.00, and any other amnounts and/or obligations secured thereby. RECORDED February 14, 2003, as Doc. No. 2003-045-10190, records of Flathead County, Montana. GRANTOR Northview Heights LLC TRUSTEE Citzen's Title and Escrow Co., Inc. BENEFICIARY: Glacier Bank AFFECTS : Premise and other property (3) Easements, claims of easements and restriction agreement of record are: I. Easement for ingress and egress, the i_^_stallation of any utilities, utility lines, pipelines, or other means of transporting or conducting utilities, just as if the easement were a public way, granted to Robert S. Keller and Susan. B. Keller, recorded November 20, 1969, in Book 509, Page 722, as Doc. No. 7841, records of Flathead County, Montana. 2. Easement 20 feet in width for ingress, egress and utility purposes granted to Dewey D. Coursey and Sharon A. Coursey, recorded June 29, 1993, as Doc. No. 93-180-12040, records of Flathead County, Montana. 3. Covenants, conditions and restrictions, recorded May 8, 1986, as Doc. No. 86-128-16030, records of Flathead County, Montana, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions vio'_ate 42 USC 3604(c). Continued... FILE NO.: CT-81280 PAGE 4 H-358912 4. 100 foot well Isolation Zone Easement, as disc_osed in document recorded May 8, 1986, as Doc. No. 86-128-16030, records of Flathead County, Montana. 5. Ter-:s and conditions of Resolution No. 4690 regardi-,c zonina, recorded April 3, 2002, as Doc. No. 2002-093-10450, records of Flathead County, Llontana. 6. County road rights -of -way not recorded and indexed as a conveyance in the office of the Clerk and Recorder pursuant to title 70, chapter 21, M.C.A. 7. Easement for electric transmission and d_strihution __._e granted to Flathead Electric Cooperative, Inc., recorded January 8, 2003, as Doc. No. 2003-008-08160, records of Flathead County, Montana. ._ der, __ ca _ _ wed F .._ S 2, recc-"_ _ F-__ ..__ 9. One -foot "No Access" strip along future bypass, as depicted on the proposed Plat of Northview Heights Subdivision - Phase 2, records of Flathead County, Montana. The above described property is located within and s--abject to the jurisdiction of the Kalispell City Fire District. DATED: June 4, 2004, at 8:00 A.M STATE OF MONTANA, COUNTY OF Flathead On this day of , 200 said State, personal v appeared before me, a notary public _n and for Known to me to be the person whose name subscribed to the within instument, and acknowledged to me that executed the same Subscribed and sworn to before me 9 CP RiEA.r WAR c Ne na auc r t6 rh ^n e' '"I SSiOt' k� A4�Cp f this da of ifs.=P�1200 Notary Public for State of Montana Residing at My Commission Expires CONSENT TO PLATTING Pursuant to Section 76-3-612, Montana Code Annotated, 1979, the undersigned, acting on behalf of Glacier Bank, being an owner of interest in the property to be subdivided as: NORTHVIEW HEIGHTS SUBDIVISION- PHASE 2 do hereby consent to the platting of said subdivision. Glacier State of County On this the Stat known that they executed the same. 2004, before In' e'f1 ersonally appeared I to the Consent to for and aeknowledeed to me s `s r Notary Public for the State of`� Residing at bIt My Commission Expires Richard DeJana & Associates, PLLC 126 North Meridian Road Post Office Box 1757 Kalispell, MT 59903-1757 Phone 406. 752. 4120 Fax 406. 752. 5015 E-mail rdejana®digisys.net June 28, 2004 Charles Harball City Attorney P O Box 1997 Kalispell Mt 59903-1997 RE: Northview Heights [Ehasiae}— Phase II Dear Charlie: Thank you for getting the final plat approval of phase II of the above named subdivision before the council on July 6, 2004. The purpose of this letter is to provide you with documents related to the council meeting, ask you to provide a copy of this letter with the attachments to the council members before the meeting, ask you to provide me with reports on this matter from any staff including the City Manager to the Council, prior to the meeting and in sufficient time for me to respond, and finally to set forth my clients' position. I assume you will review the documents, pass them on with this letter as requested, provide me the reports in a timely manner and thus, we need to address my clients' position. HISTORY: The application for the subdivision is attached as Exhibit 1. 1 call particular attention to the Phasing Discussion on page 1 of the attachment. " PHASE HL 13 lots would include the looping of the water to Three Mile Drive and Garland street, a sewer main extension to Three Mile Drive and Garland Street, curb, gutter, sidewalk and adding sidewalk, curb and gutter to North Riding Lane from Phase I-1I to Three Mile Drive." The phasing was shown on page 2 of the preliminary plat. I have attached the phasing portion of that plat as Exhibit 2. Staff report KPP-02-2 recommended approval without any reservations about the phasing. The Planning Board did the same on May 14, 2002. On May 23, 2002, the Planning Board submitted it favorable report. (Exhibit 3). The Preliminary Plat and the "application" was approved on June 3, 2002. ( Exhibit 4). The area of Phase III as designated in the Preliminary Plat, due to financial considerations is now in the hands of other parties. Staff desires prior to the final approval of Phase 11, that "adding sidewalk, curb and gutter to North Riding Lane from Phase 1-II to Three Mile Drive" a Phase III requirement be either completed or bonded. I.FrTER-harball.wpd Harball letter Page 2 of 3 POSITION: My clients and I believe that imposing a condition of completion of the Phase III improvements or the bonding of the same prior to final approval of Phase II is a violation of state law. Once a preliminary plat is approved there can be no other conditions placed upon securing the final plat. (76-3-610, MCA). Once the conditions have been met or complied with, the governing body reviews the submission for a final plat to see if it conforms to the preliminary plat. It also determines if all real property taxes and assessments have been paid. If that occurs, then the final plat must be signed off. The City's own regulations support this. The phasing discussion as found in Kalispell Subdivision Regulations at Section 2.07(B) requires that if phasing is desired, the developer must propose, as part of the application process and as "part of the preliminary plat approval", the phases and a phasing plan. That was done and the preliminary plat and application were approved, Included in the phasing plan has to be various phases and the public improvements that were to be completed before approval of each phase. Based on that regulation and the fact that statutorily nothing can be added after the approval of the preliminary plat, the City cannot now insist on bonding or completion of the Phase III improvements in order to secure final plat approval of Phase 1. The completion of the construction and the additions to the road should not preclude final plat approval for Phase II under both the statutory law and the regulations. We also believe that denial of the Phase 1I final plat would be arbitrary and capricious. This is especially true when one recognizes that my clients have pending sales that could be lost or delayed by such action. In either event, my clients will be damaged. As you are aware, "A person who has filed with the governing body an application for a subdivision under this chapter may bring an action in district court to sue the governing body to recover actual damages caused by a final action, decision, or order of the governing body or a regulation adopted pursuant to this chapter that is arbitrary or capricious." 76-3-625 (1) MCA_ That action would be in addition to the action provided under 76-3-625 (2) MCA: "A party... who is aggrieved by a decision of the governing body to approve, conditionally approve, or disapprove a proposed preliminary plat or final subdivision plat may, within 30 days after the decision, appeal to the district court in the county in which the property involved is located."' Thus it is essential to preserve my clients' rights should the City engage in the arbitrary and capricious action. On the other hand, my clients must act to minimize their potential damage. Although, I can assure you that imposing a bond on the approval of Phase II will result in litigation, my clients have a temporary solution should the City decide to act wrongfully. 'The deleted portion references the potential parties under subsection 3 and the subdivider is included in subsection 3(a). LETTER - harball.wpd Harball letter Page 3 of 3 Enclosed please %ti a letter to Narda Wilson (Tri-City Planning Office) and the attachments. If the city insists on a bond, the Letter of credit provided should suffice. This should assure final plat approval. My clients would then be able to sell and diminish the amount of their damages. Hopefully, the use of this will not be necessary, but at least we will have achieved a lessening of the claim potentially against the City. PC: Michael Fraser TD&H 690 North Meridian Suite 101 Kalispell, MT 59901 Enclosures listed in letter LETTER -}atlr ]I,wpd • tt • i U ttt' ' s This application shall be submitted, along with all information required by the applicable Subdivision_ Regulations and the Montana Subdivision and Platting Act, and the appropriate fee to: Tri-City Planning Office, 17 Second St FJ st, Suite 221 - - Kalisneli Montana 59901 Phone: 14061751-ISSO Fax: (4061751-1858 Major Subdivision (6 or more lots) Condominiums (6 or more units) Mobile Home Parks & Campgrounds (6 or more spaces) Amended Preliminary Plat Subdivision Variance Commercial and Industrial Subdivision Pre -Application Meeting (Major and Commercial) SI7BDIVISIONNAME: The Island •*1019• • $600 + $25/lot 8600 + $25/unit $600 + $25/space $200 $100 (per variance) Add $200 to base preliminary plat fee $ 50 Mailing Address 181 McDowell Dr. City_BiQfork State MT Zip 54911 TECIMCAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc). - Name & Address Designer - DJ Kauffman - Thomas, Dean & Hoskins, lAr— Name & Address Surveyor - R.J. Swan - Thomas, Dean & Hoskins, Inc. Name & Address Engineer - M.W. Fraser - Thomas, Dean & Hoskins, Inca Citv/County �alispell - Flathead connt7 Street Address 247 Three Mile Drive Assessor's Tract No(s) 0962420 Lot No(s) Tract 6 1/4 Sec SW Section 1 Township 28N Range 21W GENERAL DESCRIPTION OF SUBDIVISION: 3 phase fi& lot single family residential Number of Lots. or Rental Spaces Total Acreage in Subdivision 2; . V? Total Acreage in Lots 16.514 Minimum Size of Lots or Spaces • 176 Total Acreage in Streets or Roads 5.969 Mx6 num Size of Lots or Spaces .482 Total Acreage in Parks, Open Spaces and/or Cc--nmon Areas PROPOSED USES) AND NUMBER OF ASSOCIATED LOTS/SPACES:- Single Family `68 — Townhouse Duplex - Apartment Colnmercial Industrial Condominium Multi-Faurdly Mobile I-lome Park Recreational Ve_bicle Park Planned Unit Development - Other APPLICABLE ZONING DESIGNATION & DISTRICT =City of Kalispell - R-3 ESTIMATE OF MApKET VALUE BEFORE IMPROVFAIENTS $275, 000 IV, 0a. , OWM95 s Roads: Gravel _Paved ;_Curb -_-,_Gutter X Sidewalks _Alleys Other Water System: -Individual —Multiple User X Neighborhood _Public Other Sewer System: _Individual —Multiple User X Neighborhood _Public Other Other Utilities: X Cable TV A Telephone A Electric X Gas Other, Solid Waste: Home Pick Up X_Central Storage `Contract Hauler Owner Haul Mali Delivery: X Central Individual School District: Kalispell Fire Protection: iX Hydrants _Tank= Recharge 4 Fire District: Kalispell Drainage System- Curb .& Gutter to existing drainage. system of Kalispell PROPOSED EROSION/SEDIMENTATION CONTROL: "Best Management Pratices" VARIANCES: ARE ANY VARIANCES REQUESTED? rlo (yes/no) If yes, please complete the information below: SECTION/REGULATION OF REGULATIONS CREATING HARDSHIP:_ COMPLIANCE OF REGULATIONS: PROPOSED ALTERNATIVE(S) TO STRICT COMPLIANCES WITH ABOVE PLEASE ANSWER THE FOLLOWING QUESTIONS IN TIIE SPACES PROVIDED BELOW- 2 I. Will the granting of the variance be detrimental to the public health, safety or general welfare or injurious to other adjoining properties? 2. Will the variance cause a substantial increase in public costs? Will the variance affect, in any manner, the provisions of any adopted zoning regulations or pilaster Plan? 4. Are there special circumstances related to the physical characteristics of the site (topography, shape, etc.) that create the hardship? S. What other conditions are unique to this property that create the need for a variance? 3 APPLICATION CONTENTS: The subdivider shall submit a complete application addressing items below to the Tri- City Planning Office at least thirty (30) days prior to the date of the meeting at which it will be heard. Preliminary plat application. 2. 16 copies of the preliminary plat. One reproducible set of supplemental information. (See Appendix A of Subdivision Regulations for the city where the subdivision is proposed. 4. One reduced copy of the preliminary plat not to exceed 11" x 17" in size. S. Application fee 6. Adjoining Property Owners List (see example below): Assessor# Sec-Twn- Lot/Tract No Property Owner & Mailing Address I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken, The signing of this application signifies approval for the Tri-City Planning staff to be present on the property for routine monitoring and inspection during the approval an development process, �I'J (Applicant) (Bate) As approved by the TCP9 on 12/ 19/01 Effective 1/1/02 INTRODUCTION This application is a follow-up request to allow continuation of project to develop a 25.32-acre parcel of R-3 zoned property into forty-eight single-family lots. This property is situated on the north side of Three Mile Drive, immediately west of the city adjoining city is zoned R-3 and is similar in design to the proposed subdivision. This, project was initiated 2 months ago with annexation and initial zone request, approved by the City. The Kalispell City -County. Master Plan designates this site as being appropriate for Urban Residential purposes. According to the Master Plan, Urban Residential is "a residential district which provides for eight or less units per acre" and, among other locations, is found along Three Mile Drive. The proposed development complies with all development standards and limitations set forth. in the R-3 zoning district, with all proposed lots in excess of 7600 square feet. Roadway dedications within the proposed subdivision will encumber approximately 5.969 acres of land. All roads within the subdivision will be built to, or exceed, City specifications for Urban Streets with curb & gutter on both sides of the streets to facilitate the absorption of storm water runoff. City standards require a minimum roadway width of twenty-four feet. Sidewalk will be placed on one side and street lighting with downward directed focus will be installed. PHASE DISCUSSION "Three phases are proposed for development over a period of up to nine years. PHASE Z: 22 lots would include the extension of water and sewer from the City, curbs, gutter, sidewalk, and lighting internal to the phase. North Riding Lane would be extended from Meadowlands to Three Mile Drive with the section -adjoining Phase I constricted to the proposed section. The remainder would be completed to a 22-foot wide rural section. PHASE II: 33 lots would include the extension of water and server from Phase I, curb, gutter, sidewalk, and lighting internal to the phase. PHASE HI 13 lots would include the looping of the water to Three Mile Drive and Garland Street, a sewer main extension to Three Mile Drive and Garland Street, curb, gutter, sidewalk, and adding sidewalk, curb and gutter to North Riding Lane from Phase I — H to Three Mile Drive. - ENVIRONMENTAL ASSESSMENT I. GEOLOGY There are no known geologic hazards on this site. There are no falls, slides, slumps or rock outcroppings. The property is gently rolling with elevations rising to the center and sloping in all directions. The site's topography is shown on the face of the preliminary plate IL SURFACE WATER The property has no surface water features. The site is not in an identified floodplain. EA The Island — Th;,e Mile Drive Page 1 of 4 III. VEGETATION The majority of the site is void of any natural vegetation. The entire site has been farmed, Included within the site is a residential structure and a number of outbuildings, which are not a part of the proposal. IV. WILDLIFE No species inhabit the site. Deer, small mammals and migratory birds may utilize the site from time to time, though existing development to the east and north are limiting factors. V. AGRICULTURE AND TIMBER PRODUCTION The site has historically been used for the production of grain. The property is in an area destined (and identified in the Master Plan) for residential development. While limited farming activity exists in the area, no timber production occurs on the site or in the vicinity. It is the applicant's intent to place a note on the face of the final plat that warns buyers of the farming activity that does occur in the area. VI. HISTORICAL, ARCIIAEOI,OGICAL OR CULTURAL FEATURES There are none known to exist on the site. V11. SEWAGE TREATI TENT Sewage treatment will be by the City of Kalispell. The nearest main is located near Sunset Court. A gravity main will be extended to the site. Typical sewage flows are estimated as 100 gallons per capita per day or 250 gallons per day per residence. A second access point for sewer will be Garland Street's intersection with Three Mile Drive. Included in this submittal are copies of the preliminary plat showing the location of the proposed sewer mains. The south facing slope, Phase III will require sewer or gravity extension easterly on Three Mile drive to Garland Street. Kalispell's recently completed `Tacility Plan 2000" indicates the plant has capacity for The projected flows of 14,500 GPD at full build -out. VIII. WATER SUPPLY Water supply will be from the city. The nearest main is located near Sunset Court. An 8" main will be extended to the site and looped through the development to Three Mile Drive and Garland Street as part of Phase III. Pressures in the city are approximately 80 psi as part of the upper zone of the city. Preliminary analysis indicates pressures with a fine flow of 1000 gallons per minute will be greater than 40 psi. EA The Island— Tr..-ee Agile Drive Paae 2 of 4 IX. SOLID NVASTE Solid waste will be hauled by the city to the Flathead County Landfill. X. DRAINAGE Storm water drainage for this subdivision would be accomplished through the use of grassy drainage swales along the streets to grass infiltration areas_ Erosion would be minimal, as the property has minimum slope. Best Management Practices would be used to control erosion; this might include straw with silt fencing as necessary to control any erosion. Roadways would be dedicated to the public and maintained by the city with a paved surface. A drainage plan has been included in the submitted plats. XI, ROADS The project contains approximately 2532 acres, of that, 5.969 acres is in road, existing road ROW or proposed. All internal rights -of -way are proposed to be 60 foot in width. All roads will be paved to City Urban Street Standards and will be constructed by the Developer_ The streets will be maintained by the City, with responsibility for all maintenance, including snow removal, from the travel surfaces. No lots are proposed to have direct access to Three Mile Drive; all lots would access the internal street system. Three Mile Drive is a two lane paved road and is classified as urban arterial in the Kalispell City/County Master Plan with a 60 right-of-way. The majority of traffic would head to Meridian. Some traffic may head west and thence north or south to access Kalispell via Stillwater Road and West Reserve. The traffic generated by this project would be approximately 580 vehicle trips per day at full build -out, whi ch could take -a decade or more. Access is proposed to be provided to Three Mile Drive and the connection to North Riding Lane. XIL EINIERGENCY SER`IICES The proposed subdivision was located in the West Valley Fire District. With annexation, it was withdrawn and added to the city. Preliminary engineering indicates that fire flows, volume, and pressure can be adequately provided by the proposed extensions and looping. Police protection will be supplied by the city. The residential/neighborhood type of design should reduce the number of calls to this subdivision compared to that which would be expected in nonresidential and through street type developments. The Kalispell Medical Center is located approximately 1.5 miles to the east, ambulance/emergency service would be available to deliver patients to the hospital or ALERT would provide emergency helicopter service. This subdivision is not anticipated to over -burden these services. EA The Island — Three Nt7e Drive Pape 3 of 4 XIII. SCHOOLS The project is located within the School District 5; students would attend Edgerton School located on Whitefish Stage approximately 3 miles east of this site. The School District currently has capacity. X117. ECONO:VHC BENEFITS The property is currently assessed as agricultural land. Taxes in 2000 were $2145. After development of the subdivision, the vacant lots will pay approximately $340 per lot or $10,200 in today's dollars. Depending on the value of the stricture built on the lots; the taxes paid will be between $2,500 and $3,500. These numbers are what are currently being paid by property Owners in Country Estates. The approximate taxes paid by this subdivision when totally built out in today's dollars will be between $145,000 - $203,000. These numbers would increase as the reappraised value of the property increases. XV. LAND USE The site contains approximately 36.58 gross acres and has been used for the farming of grain. This property is located immediately west, a subdivision that is zoned R-3 and has a similar design and development as this proposed development. To the north is a rural subdivision meadowlands with a private water system and on site sewer. Development to the south is irregular tract land with tract sizes of 6.25 to 20 acres. The Kalispell Plan indicates this property to be used for urban residential purposes. The classification allows a density of 8 dwelling units per gross acre. The 8 dwelling units per acre allow a zoning of R-3. A zone change has been approved, this R-3. The R-3 zone requires a minimum 600 square foot lot area. The subdivision's average lot size is approximately 9,400 square foot acre. The density of the subdivision is approximately 1.65 units per acre. This R-3 subdivision is well within the allowable density permitted under the Kalispell Plan. XVI. PARKS AND RECREATION FACILITIES Parkland requirements will be met by a cash in lieu payment. XVIL UTILITIES All new utilities would be constructed underground at the time of construction of the respective phase. The necessary utilities will be supplied by the following companies: telephone — Centurytel, electricity — Flathead Electric Coop, cable — AT&T Cable, gas — Montana Power. EA The Island -Tlhro Mile Drive Page 4 of 4 AT OF AND THE SOUTHWEST 1/4 OF D COUNTY, MONTANA. T !t SEC. i `—vWu1C14'iA.'�RNE _ Feit�.fiU !� rw 6 t m T .°i tj m a a s a a AS.CM1XJAYAgaYc 9 T"R'a.L avvg - SS 16 � H Si � EWCK ICE W [plRf 62 - Q� IMREE MILE ❑RIVE PHASING PLAN SHEET 2,OF 2 Tri-City Planning Office 17 Second Street East- Suite 211 Kalispell, Montana 59901 May 23, 2002 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Phone: (406) 751-1850 Fax: (406) 751-1858 RECEIVED tncity@centurytel.net THOMAS, DEAN & HOSKINS MAY 2 9, 2002 Kalispell, MT 59903 do N bz D t Re: Preliminary Plat Approval for the Island Subdivision-7117ee Ile Drive Dear Chris: The Kalispell City Planning Board met on May 14, 2002, and held a public hearing to consider a request by J & F Construction for an 82 lot residential subdivision located on the north side of Three Mile Drive approximately one half mile west of North Meridian Road. This property was recently annexed and given a zoning designation of R-3, a Residential district that has a 7,000 square feet minimum lot size requirement and is intended primarily for single family dwellings. ;, All of the lots within the proposed subdivision exceed the minimum lot size requirement of the district. Narda Wilson, of the Tri-City Planning Office, presented staff report KPP-02-2 evaluating the proposal. She noted that the applicants propose developing the subdivision in three phases starting at the northeast comer and taking utilities from Sunset Court. Staff recommended approval of the preliminary plat subject to the recommended conditions. At the public hearing, several property owners spoke in opposition to the extension of North Riding Road asking that the planning board consider maintaining the long established character of the neighborhood which currently has a dead end street. A petition from residents in the area, particularly from Meadowland Subdivision, was submitted to the planning board objecting to the extension of North Riding Road because of additional traffic through their neighborhood. After the public hearing the board discussed the subdivision proposal and the North Riding Road extension noting that fire access and traffic circulation would improve in the area. A motion was made and passed unanimously to recommend to the city council that the preliminary plat for the subdivision be approved subject to the conditions outlined on attached Exhibit A. Please schedule this matter for the June 3, 2002 regular city council meeting. You may contact this board or Narda Wilson at the Tri-City Planning Office if you have any questions regarding this matter. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish Preliminary Plat Approval for the Island Subdivision May 23, 2002 Pate 2 Sincerely Kalispell City Planning Board Ron Van Natta President OVMUT Attachments: Exhibit A (conditions of approval) Staff report KPP-02-2 and application materials Draft minutes 5/ 14/02 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: J & F Const., 690 N. Meridian, Suite 210, Kalispell, MT 59901 TD & H, 690 N. Meridian, Suite 101, Kalispell, MT 59901 H: \ FRDO \TRANSMIT\ KALISPEL\ 2001 \KPP-01-3.DOC Preliminary Plat Approval for the Island Subdivision May 23, 2002 Paee 3 PRELIMINARY PLAT FOR THE ISLAND SUBDIVISION CONDITIONS OF APPROVAL AS RECOMMENDED BY THE KALISPELL CITY PLANNING BOARD MAY 14, 2002 The Kalispell City Planning Board is recommending the following conditions to the Kalispell City Council for the above referenced preliminary plat. A public hearing was held on this matter at the May 14, 2002 planning board meeting: 1. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the location of lots and roadways within the subdivision. 2. That the roadways serving the subdivision shall be constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell for local roads and include the pavement, curbs, gutters, storm drainage, sidewalks and a minimum five foot landscape boulevard with street trees placed in accordance with a plan approved by the parks and recreation director. A letter from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required specifications shall be submitted at the time of final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City standards. 3. That the developer provide documentation that the necessary easements have been obtained granting utility access to the subdivision across privately owned property to the northeast of the site. An attempt should be made on the part of the developer to acquire pedestrian access as well as utility access to provide easy access to Sunset Park. 4. That a letter be obtained from the Kalispell Public Works Department approving the plans and specifications for water, sewer and drainage facilities for the subdivision. S. A storm water drainage plan which has been designed by an engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department. 6. That the developer obtain a letter from the Flathead County Road Department and the Montana Department of Transportation approving the intersection of North Preliminary Plat Approval for the Island Subdivision May 23, 2002 Paee 4 Riding Lane and Three Mile Drive and certifying that any necessary improvements have been made. 7. That the lots within the subdivision be reconfigured so that all lots meet the minimum 60-foot lot width requirements of the R-3 zoning district and the minimum lot size requirements of 7,000 square feet exclusive of any surface utilities or road easements. 8. The road 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 be subject to review and approval of the Kalispell Fire Department. 9. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. 10. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. 11. That the parkland dedication requirements shall be met by paying cash -in -lieu of parkland dedication in the amount of one ninth of the area devoted to lots or 16.514 acres, based on a value of $11,285 per acre in the amount of $20,500. 12. All utilities shall be installed underground. 13. That the fire access and suppression system comply with the Uniform Fire Code and a letter from the Kalispell Fire Department approving the access and number and placement of fire hydrants within the subdivision as well as fire flows and access shall be submitted with the final plat. The fire access and suppression system shall be installed by the developer and approved by the fire department prior to final plat approval. 14. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 15. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 16. That preliminary approval shall be valid for a period of three years from the date of approval. Ht \... \TRA.NSMIT\KCU J 01 \KPP-1-3.DOC REVOLUTION NO. 4709 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF THE ISLAND SUBDIVISION, MORE PARTICULARLY DESCRIBED AS TRACT 6 OF SECTION 1, TOWNSHIP 28 NORTH, RANGE 1:2 WEST, E.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, J&F Construction and John Agnew, the owners of certain veal property described above, has petitioned for approval of the Preliminary Plat of said property, and WHEREAS, the Kalispell City Planning Board and Zoning Commission field a public hearing on May 14, 2002, on the proposal and reviewed Preliminary Plat Report #KPP-02-2 issued by the Tri-City Planning Office, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of The Island aubdivisioa, subject to certain conditions and recommendations, and , WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of June 3, 2002, reviewed the Tri-City Planning Office Report #KPP-02-2, reviewed the recommendations of the Kalispell City Planning Board and Boning Commission, and found from the Preliminary Plat, and evidence, that the subdivision is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KA.LISPELL, MONTKUA AS FOLTOWS! SECTION I. That the Findings of Fact contained in Tri- City Planning Office Report #KPP-02-2 are hereby adopted as the Findings of Fact of the City Council. SECTION 3T. That the application of J&T Construction and John Agnew for approval of the Preliminary Plat as The Tslan evasion Kalispell; y. Flathead County, Montana is hereby approved subject to the following conditions: i. Development of the subdivision will be platted in substantial compliance with the approved preliminary plat which governs the location of lots and roadways within the subdivision. 2. That the roadways serving the subdivision shall he constructed in accordance with the adopted Design and Construction Standards `Or the City of: Kalispell for local roads and include the p veMent, curbs; gutters, storm drainage, sidewalks and a minimum five foot landscape boulevard with street trees placed in accordance with a plan_ approved,by the Parks and Recreation Director. A 'letter from an engineer licensed in the State of Montana certifying that the improvements have,been installed according to the required specifications shall be submitted at the time of final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City standards. 3. That the developer provide documentation that the necessary easements have been obtained granting utility access to the subdivision across privately owned,property to the northeasr of the site. An attempt should be made on the part of the developer to acquire pedestrian access as well as utility .access to provide easy access to Sunset Park. 4. That a letter be obtained from the Kalispell Public Works Department approving the plans and specifications for water, sewer and drainage facilities for the subdivision. S. A storm water drainage plan which has been designed by an engineer licensed in the state of Montana shall be prepared which complies with the City's Design and Construction :standards and sha11 be reviewed and approved by the Kalispell Public Works Department_ 6. That the developer obtain a letter from the Flathead County Road Department and the Montana Department of Transportation approving the intersection of North Riding Lame and Three Mile Drive and certifying that any necessary improvements have been. made. 7. That the lots within the subdivision be reconfigured so that all lots meet the minimum 60-fnnt lot width requirements of the R-3 zoning district and the minimum lot size requirements of 7,000 square feet exclusive of any surface utilities or road easements. 8. The road 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 be subject to review and approval of the Kalispell Fire 'Department. 9. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. 10. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily ontoad.-joining properties. 11, That the parkland dedication requirements shall be met by paying cash -in -lieu of parkland dedication_ in the amount of one-ninyh of the area devoted to lots or 16.514 acres, based on a value of $11,285 per acre in the amount of 120,500. 12. All utilities shall be installed underground. 13. That the fire access and suppression system comply with the Uniform Fire Code and a letter from the Kalispell Fire Department approving the access and number and placement of fire hydrants within the subdivision as well as the fire $,lows and access shall be submitted with the final plat. The fire access and suppression system ahall be lnst,alled by the developer and approved by the fire department prior to final plat approval. 14. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 15. All areas disturbed during development of the euhdivision shall be re -vegetated with a weed -free mix immediately after development. 19. That the preliminary plat shall be valid for a period of three years from the date of approval. SECTION 111. 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 A.pPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 3RD DAY OF JUNE, 2002. Mayor ATTEST: Theresa White City Clerk 3 Thomas. Dean & Hoskins, Zne. L ]ngipeeriag Consuttaa£s June 24, 2004 Narda Wilson Tri-City Planning Office Ford Bldg., 17-2nd St. E., Ste. 211 Kalispell, MT 59901 Re: Northview heights- Phase II Dear Narda: We have discussed the subdivision Improvements Agreement (SIA) with the city engineer. At his request, we have revised the SIA's. The SIA for Phase III improvements to North Riding Lane have been revised to reflect construction within 18 months. The SIA for Phase lI has been revised to include a portion of North Riding Lane. If you have any questions please feel free to call me. Sincerely, THOJS, D N OSKLNS, INC. v ichael W. Fraser. P.E.' MWF: db K02-010-009 Encl: As referenced above Cc: whDzJata* Jinn Hansz J:12002\K02-0IYK02-010-009AWord',06.24D6.narcia.hT..doc 690lJonh.Veridia1z, Suite 101 - Kalispell, MT 59901 ^ (406) 752-5246 ^ FAX (406) 752-5230 RAT OF NORTHVIEW HEIGHTS SUBDIVISION- PHASE 2 LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION TOWNSHP 28 NORTH, RANGE 22 WEST. PALM. FLATHEAD COUNTY. MONTANA. SMUF-Mawa , ul" 9M- mA�g SHEET I OF I PFELK*MY PLAT W THE ISLAND LOO N n£ SOUTME Vf OF RE sour W ST Vf OF 9EG; T2H1, fl21W, P.MM_ FLATFFAO COUNfY, MO.IANA OW ND U IT � mcm OEM, _ .... m ME fin O r o=-Lun�ii� .� 9 • 0- t�t w AFFA TOTAL �3 SdAi[ffiR ZONE n4ao sEcnow ��� s SHEET 1 Of 21 PRELJ�RY FLAT Of ems- THE ISLAND IOCATEO N THE SOUTHEAST V4 OF THE SOUTHWEST 114 OF - SEC. 1 T2M, H W. PMµ, PLAT O COMT , MO Mi 3 % tirxru � rnve cnr:S Y. 9 oMp 9, �T � n r 42a ww'+R.MnmW PHAS PLW lip HFEE MILE IRII. SHEET 2 OF 2