09. Final Plat - DeMeester SubdivisionREPORT TO:
FROM:
SUBJECT
MEETING DATE:
Tri-City Planning Office
17 Second Street East -- Suite 211
Kalispell, Montana 59901
(Yvuj 100-100V
Fax: (406) 751-1858
tricity@centurytel.net
www.tricitvplanning-mt.com
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Frank Garner, Interim City Manager
Final Plat Approval of DeMeester's Subdivision Plat on
the West Side of Seventh Avenue West
October 4, 2004
BACKGROUND: This is a request for final plat approval of a four lot residential
subdivision. The property is located on the west side of Seventh Avenue West south
of l lth Street West and Sunnyside Drive. When this property was annexed to the city
of Kalispell it was given a zoning designation of R-4, Two Family Residential. This
subdivision creates two lots fronting along Seventh Ave West and two adjoining lots to
the west accessed via a joint flag lot configuration.
The Kalispell City Council approved this subdivision subject to conditions on June 7,
2004. All of the conditions have been adequately addressed or otherwise adequately
addressed. There is some paving of an internal driveway that has not been completed
and a Subdivision Improvements Agreement has been submitted with this plat. The
SIA covers the cost of the improvements as estimated by Nulaac plus 25 percent as
required in the Kalispell Subdivision Regulations. A cashiers check has been
submitted with the final plat in the amount of $3,666 with the improvements
anticipated to be completed by September of 2005.
All of the condition of preliminary plat approval have been met or otherwise
adequately addressed.
RECOMMENDATION: A motion to accept the subdivision improvements agreement
and approve the final plat for DeMeester Subdivision would be in order.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council. /7
Respectfully submitted,
Narda A. Wilson Frank Garner
Senior Planner Interim City Manager
Report compiled: September 29, 2004
c: Theresa White, Kalispell City Clerk
Providing Community Planning Assistance To:
City of Kalispell • City of Whitefish • City of Columbia Falls
Tri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@ceaturytel. net
September 29, 2004
Frank Garner, Interim City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59901
Re: Final Plat for DeMeester Subdivision
Dear Frank:
Our office has received an application from Ron and Sharon DeMeester for final plat
approval of DeMeester Subdivision that plats four residential lots that creates two lots
fronting along Seventh Ave West and two adjoining lots to the west accessed via a joint
flag lot configuration. This approximately .77 acre parcel was annexed to the city of
Kalispell and given a zoning designation of R-4, Two Family Residential_
The Kalispell City Council approved this subdivision subject to conditions on June 7,
2004. All of the conditions have been adequately addressed or otherwise adequately
addressed. There is some paving of an, internal driveway that has not been completed
and a Subdivision Improvements Agreement has been submitted with this plat. The
SIA covers the cost of the improvements as estimated by Nupac plus 25 percent as
required in the Kalispell Subdivision Regulations. A cashiers check has been
submitted with the final plat in the amount of $3,666 with the improvements
anticipated to be completed by September of 2005.
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. That the final plat for the subdivision shall be in substantial
compliance with approved preliminary plat. (Kalispell Subdivision Regulations,
Appendix C - Final Plat)
This condition has been met. The final plat is in compliance with the preliminary
plat that was approved.
Condition No 2. Minimum fire flows shall be in accordance with Uniform Fire Code
(1997) Appendix III -A. Fire hydrants shall be provided per City specifications at
locations approved by this department prior to combustible construction.. (Kalispell
Subdivision Regulations, Section 3.20).
This condition has been net. A letter from the Kalispell Fire Marshal dated
Providing Community Planning Assistance To:
• Citd of Kalispell • City of Columbia Fails • City of Whitefish -
Final Plat for DeMeester Subdivision
September 29, 2004
Page 2
August 23, 2004 approving the subdivision access and hydrants has been
submitted with the final plat.
Condition No 3. That the private internal driveway for Lots 2 and 3 be shared and
paved. A letter from the Kalispell Fire Department shall be submitted stating that the
access and turnaround area has been reviewed and approved by the Kalispell Fire
Department. (Kalispell Subdivision Regulations, Section 3.09).
• This condition has been adequately addressed. A subdivision improvements
agreement and adequate collateral have been submitted with the final plat to
cover paving of the driveway. A letter from the Kalispell Fire Marshal dated
August 23, 2004 approving the fire access and turnaround has been submitted
with the final plat.
Condition No 4. The developer shall provide a letter from. the U.S. Postal Service
approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22).
• This condition has been met. A letter dated August 21, 2004 from the USPS
approving a location for the mailboxes has been submitted with the final plat.
Condition No 5. All utilities shall be installed underground. (Kalispell Subdivision
Regulations, Section 3.17).
• This condition has been met. Utilities are located in the right of way and service
utilities will be installed underground.
Condition No 6. That a note shall be placed on the face of the final plat which
waives protest to the creation of a special improvement district for the future upgrade
of Seventh Avenue West to City standards. (Kalispell Subdivision Regulations Section
3.09, (J))
• This condition has been met. The required note has been placed on the face of
the final plat.
Condition No 7. 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. A note has been placed on the
face of the final plat noticing that disturbed area must be revegetated after
development.
Condition No 3. That preliminary plat approval shall be valid for a period of three
years from the date of city council approval, (Kalispell Subdivision Regulations,
Section 2.04).
• This condition has been met. The final plat was submitted prior to the
expiration of the preliminary plat approval,
Final Plat for DeMeester Subdivision
September 29, 2004
Page 3
COMPLIANCE WITH APPROVED PRELIMINARY PLAT
The final plat is in substantial compliance with the preliminary plat which was
reviewed and approved by the Kalispell City Council on June 7, 2004.
COMPLIANCE WITH THE SUBDIVISION REGULATIONS:
This subdivision plat has been found to be in compliance with the State and City
Subdivision Regulations.
COMPLIANCE WITH THE ZONING REGULATIONS
This subdivision can be found to be in compliance with the Kalispell Zoning Ordinance
and the R-4, Two Family Residential, zoning designation for the property which
governs the dimensional requirements of the lots within the subdivision as well as the
uses.
RECOMMENDATION:
It can be found that the conditions of preliminary plat approval have been met or
otherwise adequately addressed. The staff would recommend that the Kalispell City
Council approve the final plat for DeMeester Subdivision. Please schedule this matter
for the regular city council meeting of October 4, 2004.
Sincerely,
Narda A: ilson
Senior Planner
NW
Attachments: Vicinity map
1 opaque zxtylars of final plat
I reproducible mylar of final plat
1 copy of final plat
Final plat application received 9/27/04
Ltr from Kalispell Fire Dept dated 8 / 28 / 04
Ltr from Montana DEQ dated 9/9/04
Ltr from USPS dated 8/21/04
Treasurers Certification dated 8/20/04
Title report dated 9 / 16 / 04
Consent to plat from Whitefish Credit Union dated 9 / 21 / 04
Appendix -:Page A-23
EwMy
�z-c - THIS AGREEMENT, made and entered into this - day of ,
19 by and between the CITY COUNCIL, CITY OF KALISPELL.-IONTANA, Party of the
First Part and hereinafter referred to as the CITY, and
(Name of Developer)
a
UndividUai, Company or Corporation)
located at t ..vim s "= V�, f
(Street Address/P. 0. Sox) (city; County, State, Zip) m
Party of the Second fart and hereinafter referred to as DEVELOPER,
WITNESSETH
THAT WHEREAS, the Developer is the owner and developer of a new subdivision
known as jz�
(Nume ot'subdivision)
,s �. _.. -
located atr. 1 cw tit /-Zz r
(Location of & bdivision)
and,
WHEREAS, the Ci has conditioned it's approval of the final plat of
e , €spore the conditions as set forth
(Name of SUbdivision)
in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in
"Exhibit A" have not been completed at this time, and the Developer wishes to bond for the
completion of those improvements set :forth. in "Exhibit A"; and
WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a
financial security of 125% of the estimated foul cost of construction of said improver. -eats as
evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit 13";
and
W]YREAS, the esti.. aied total cost ofconstruction of said improvements is the sung of
2'
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision
by the City, the Developer hereby agrees as follows:
l , The Developer shall deposit as collateral with the City a Letter of Credit, or other
accept ble collateral as detertiin d by the City Council, in the amount of
Said Letter of Credit or other collateral shall have an expiration
date of at least sixty (60) days following the date set for completion of the improvements, certifying
the following:
Page A-24 - Appendix
a. That the creditor guarantees funds in the sum of —3-L �00
the estimated cost of Completing the required improvements in
(Name of Subdivision)
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 yap to the
limited of credit stated in the letter,
6 2. That said required improvements shall be fully completed by
3. That upon completion of the required improvements, the Developer shall cause to
be filed with the City a statement certifying that:
a. All required improvements are complete;
b. That the improvements are in compliance with the minimum standards
specified by the City for their construction and that the, Developer warrants said
improvements against any and al.] defects for a period of one (l) year from the date of
acceptance of the completion of those im rovements by the City;
C. That the Developer knows of no defects in those improvements;
d. —Fhat 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 offinai plans, profiles,
grades and specifications of said improvements, with the: certification ofthe registered professional
engineer responsible for their preparation that all required improvements have been installed in
conformance with said specifications.
Appendix - Page A-25
[MRIM11matimMmaiE
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 doormincs that any irnprov� mopts are not constructed in compliance with
the specifications, it shall furnish the Developer with a list of specific deficiencies and may
withhold collateral sufflicient to insure such compliance. If the City deteriaiines that: the Developer
will not construct any or all of the improvements in accordance with the specifications, or within
the required time 1131aits, it may withdraw the collateral and employ such funds as may be necessary
to construct the improvement or improvements are accordance with the spec-ifcations, The amused
portions of the collateral shall be returned to the Developer or the crediting institution., as is
appropriate.
IN WITNESS WHEREOF, the Panics have hereunto set their hands and seals the day and
year herein. before written.
(Dame of subdivisienfDeveloperl_`irm) J "`
y
(Title)
STATE OF MONTANA
COUNTY OF F
On this .. day of _ v -, before me, a Notary Public
for the State of Montana, personally appeared C4 : 1 0& known to
nne to be the _ of .. =� V� whose
name is subscribed to the foregoing inst aaient and acknowledged to me that he/she executed the
same.
IN WFI NESS WHEREOF, I have hereunto set my hand and affixed racy Notarial Seal this
�and year first above w-rittetl.
' � < Notaw is the State of Montana
Residing t
F{. 4- 'My C xission Expires 1, 1'=� Loo
t, lllilc; n Mir R., CITY OF K-A ISPELL ATTEST:
MAYOR
.FIN ANTCE DIRECTOR
Page A-26 - Appendix
Conditions of approval. as fixed to the preliminary plat by the City `oun.ci), Kalispell, 'Montana.
EXi IB T B
This agreement specifically includes the Following improvements, their projected
construction completion date and estimated construction costs.
CHECK COINSTRUCTION ESTINLA T ED
APP OPRIATE COMPLETION
CONSTR CTiON
IMPROVEMENTS BOX
Street GradinglPaviniz
Street Base
Sidewalks
Curbs and Gutters
Sanitar, Sewers
Mains
Other )
On -Site Sewage
Facilities
Water Systems
Mains
Other ( )
on -Site Water Supply
Water Storage Tanks
Fire Hydrants
Storm Sewer or
Drainage Facilities
Street Signs
Street Lighting
;Street Monuments
Survey Monument Boxes
Landscaping
Other ( j
TOTAL COLLATERAL: iTOTA.LS COSTS X 125%)
HATE COSTS
213Z.
SUBTOTAL
FEES
TOTALS COSTS
.. )R • , . 0
.__
Randy Brodehl - Fire Chief
Jim Stewart - Assistant Chief/Prevention
Dee McCloskey— Assistant Chief/Operations
August 23, 2004
Sharon DeMeester
415 Chestnut Lane
Kalispell, MT 59901
Re: DeMeester's Subdivision
Dear Sharon,
312 First Avenue East
Kalispell, Montana 59901
(406)758-7760
FAX: (406) 758-7952
In response to your request for foal plat approval of the above -reference project we have
the following information.
➢ Fire hydrant locations and fire department access are approved by this department.
➢ A fire department turnaround is not required.
I hope this information is useful. 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 communht , in redneing preventing, and mipgating emergencies. "
LI
September 9, 2004
Ron & Sharon DeMeester
415 Chestnut Drive
Kalispell MT 59901
Dear Mr & Mrs DeMeester:
RE: DeMeester's Subdivision
Municipal Faciiities Exclu�ieit
EQ#05-1420
City of Kalsspell
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. Under 76-4-125(2)(d) MCA, this subdivision is not subject to
review, and the plat can be filed with the county clerk and recorder.
Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or
disposal of sewage are proposed {76-4-1.11 (3), MCA} . Construction of water or sewer extensions prior to DEQ,
Public Water Supply ,Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6
and Title 76, Chapter 4.
This file has been mailed to the public Water Supply Section., Kalispell Office for their review.
Sincerely, r
f-46et Skaar and
Compliance Technician
Subdivision Section
Water Protection Bureau
(406) 444-1801 — email jskaarlandCastate.mt.us
cc: City Engineer
County Sanitarian
f le
Centralized services Division • infcreemetg Division m Perrnittirg & €'oinpliance Division e Planning, Prevention & Assistance Division e Reme-diation Division
August 21, 2004
�""� UNiiEDST/3TI*S
;� I�C?ST/�L SEitt/IC�'
FLATHEAD STATION
248 FIRST AVENUE WEST
KALISPELL MT 59101-9998
To: Flathead County Planning Board
RE: Demeesters Subdivision
To whom it concerns:
The above referenced project has been reviewed. A suitable location for mail delivery has been
established . Centralized boxes are installed at a suitable location for previous addresses at this site.
If you have any questions please feel free to call me at (408) 755-0187.
Sincerely yours:
Elden Marvel
Manager Customer Services
(4061-755-0187
FAX: (4136}755-0376
IT IS OK WITH WHITEFISH CREDIT FOR RON AND SHARON DEMEESTER TO
PLAT THEIR PROPERTY AT 7T11 AN E WEST, KALISPELL, MT. TR 9BA,
SEC I ST28NR21 W,
THANK YOU
a3
SHAWN SCH IDILOAN OFFICER
TMEAO
on two' f day Cf 09 �!��-
, & t Public for Me tv f
jam$ j j
��
Mary Puma the % state `
F°fi got
,
81-F-14-2004 T3F €044 AM VIC FAX No. 4H!527343 P. 002
PROPOSAL
AC Office: (406) 752-4215 - Fax: (406) 752-7348
f'.0, Box 8150 - Kalispell, MT 59904
Serving The Flathead Since 1953
Ready Mix Concrete - Asphalt Paving - Site Preparation - Excavatk)n - utilities - Grcavai
N'U04€162
PROPOSAL SUBMITTED TO-
PHONE,
DATA: 9/14/200
COMNest LA,NOEN ROMPS - PAVING
cos �A v� JF-FF LANGEN 150MES
XDDRr=:
kpCs iiON: ICAL15k.FT_7_
clrr: MISSOt-LA
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, rare: M T ZIP:
o�irxex
We hereby ax t mik V c MtatWms end est3 tee ror:
I
SCOPE OF FORK- ravE 2,, nMP AND 241 w x 130r L.
1.) PLACF 2" OF I40T ,,qN ASFKALT coWAC= TO AEN AREA OF 3,120 S.F_.. @ S .94/S.F...................... S Z 9sz.8o
' A1ter an)n4 w changes to the above sCope or work, mceauted at the Cuet4 ism rogwWi w#ll 0e me an extra charge cue, and above the 881iR33id.
' AliworkWU be cor doted In a worknlao1ft ounnrwacrarding to atandatil orecftw- Ati mzweals used shall Meet wndaM tn=stry sw%ifit;al0nc.
' Arny contmysmy or diasomo tent arWnq From this o traof wfl! be etl EO Im bIM04C .Ztb!lt t� On in K86speIL Mont@na puSsaant to the conefi5i on industry arb'1. bw
FL`ieS %{ the Artsef gn AUtmt1an A=mizb0n.
• The wet ortlef aha3! make, 5VrC that at, un4''QMutid t:t9ttea are b2u1 sub-gmde. N IPAC wHl not essumc raspansibiW W daMages W underground u-EliSea when DUr
aorta 41chtdea ors ding. tf"h¢d mck, and omit£ I Dsv1W on,)r.
" 4'iark WM be, complanceo and mmpte:nd at the m'e -geoM ton cf tntersflte hasad €,poi weather and adll candtkanc,
' APPticable 881M guise are included in the abos pf e.
• payment is Liva upon w4atarsml c_umptetion unheae other &cce9tabt¢ ;g rNerxnfs have, been made. Fgt!um is make paynwt within 30 days --hag canatitute de:aWt
and the customer pillinUS end agmms to RaY a late
C1 112%) pe nos cFum amount due. Thu GusiDn'�#coijocuem
hrciudimp m,3onebls ttlomwy' fees. The t fee of S2 or+statad anrarneY% Feee, Whiehavar's grouter, €i HUPAC Mea
a Ilan an the unproved Proper-,} to sgcurc payment.
This proposal is made for NUPAC by.
77=
is P fli6y t1 i A4'i`SilC,li'2WT7 Ili U9 4YIIi1oUt rli1iiO31t not accepted W1V*1 30
AC PTA F OF PROPOSAL
r he above prices, conditions, and scope of work are satisfactcry and are hereby accepfsd. You are autharizact to do
the work as specified. Payment wM be made as outlined above,
Date' Signature_
F
FOR: DE MUSTER, RON S SHARON
a
OWNER:
DATE. APRIL, 2004 n DEMEESTE.R'
S 1i2, SEC. I8, T 28 Ny
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SUBDIVISION 1407ti:
t,) The private in!- No driveway for tots 2 and 3 shall be stared and paved.
2-) All utilities shalt be tnstatled uadergro wd
3.) The owners of the Lots within this subdivision waive their right to protest the
oration of a Speciat Ympvirement Otstrict for the future upIrode of 5eveath
Avenue West to City standards.
4.) All areas dtshrbrd dwlr� development of the sMiivisian shall be re -vegetated
with o weed-frrs grass inix imme,d'ra1cJy after.developnent. '
Rrpmrr(of
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I.klo. rk1eur iPrsr
Ko&spefl Non3ndsa S9a2t-s7oz
Pit, (M) 7,M457M
Pav: 1065782-5699
L'FRTMCATE OF FINAL- PLAT APPROVAL - CM Or KALT
The City Couwt of the city of Kalispell. Montana, does hereby certif
"mined this obdivision W of DEMEESTEWS SMMSION wad,
the same to confom to law, approves it this - day of
20 at o'clock - - -
by�
Finance Director - ftmela L Kennedy.
May-
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