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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 UM szA , 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 IV! 0 Id .Z39- or' '.. /09, d9 • /dC�.a�' 1 t-0 LOT 1 � Aa LOT 2 0.149 Ac. (6,496 Sq. Ft.) a 8 0.236 Ac. � w (10,284 Sq. FL) �D� ,fL iIJG 3�v I actEYT, t+a'PrlB/! �s'�Yc S .9PPflCi6.vnvY lass 1,+!ate-' Q r 1 f��yyl 04�g'' qa� v. gB' oa' t9"E. �. I z39. Bd" � A! 88' oB' •►9' � sxo•cat' ti j t j Z �1 LOT 3 LOT 4 Q 0.236 Ac- 8 lto, 283 5q. Ft,) OJ49 Ac. 8 o �1 v 16,496 Sq. Ff.) I .7f.Irl �rszo� l N BBa6 ^r'y"E. zs9.B3' tF�Fr"�:tee;rer(rr�s.s szss' :i.ra' 4F �d 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 stmwyou- 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- t 4 _. _ 4 1 ' 3 _F 2 ! 8G 8T 8 T' - -O - 8�A 87Z BTU A 11DA 9 8T j gQ B 8TT �. Subject Proper. 8Tw BQF; 8� 8TT ' 8TTA 8-�-� -- -- 9AA ` 8P 8PA 8TF 8Tx �\ 8TFA 8TXA 8T, 8THA T 8TYAB I 8THB3 8TH �� 8T BTi 8TE 8TEB 8TP 8T 8TYA - ` � � _ 8TEA 8ToBTYA 0 _8R7T8�..C..."�72 8TY8�� 8TYB 8TAN 9A 8T2 BT i YF� BTYE - --__-- _ T I_8 T CA 8T6B a 8 T 6 1z-T A 8 f C 4A 6 Lo 8T3- 8T74 T 4F ! 11 8TN 8T3A 10� ; BTSA 8T7 8T4 --- .� �8T9 8T0A 8T8 8T 8TN z ' ? 8 T 8_ 5TN ., BTKAA 8TKA 8 T K 8T3 —8T— i 8TM \,.. VICINIT Y MA i RE A....i - ,�; i i-.1r-E'' ! 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