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08. Final Plat - Buffalo Commons Phases 3 and 4Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 761-1850 Fax: (406) 751-1858 trjqkykqenturytel.net www.tricity,planning-mt.com REPORT TO. Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Final Plat for Buffalo Commons Phases 3 and 4 (etc.) MEETING DATE: December 15, 2003 BACKGROUND: This is a request for final plat approval of an five lot commercial subdivision in the Buffalo Commons development. This subdivision reconfigures boundaries of three existing lots and create five smaller lots. All of the existing lots front on Commons Loop and are part of previously approved subdivision phases. Two of the proposed Jots will be in the commercial/retail portion of the development, the remaining three lots are in the professional/medical portion of Buffalo Commons as regulated by the Buffalo Commons PUD. The subdivision contains 3.72 acres. All of the services and improvements are in place and were constructed and completed in prior phases of this development. The preliminary plat for this subdivision was approved by the Kalispell City Council on November 3, 2003 by Resolution 4547 subject to five conditions. All of those conditions have been completed or have otherwise been adequately addressed. The attached letter outlines the conditions of preliminary plat approval and a discussion of how they have been met or otherwise addressed. RECOMMENDATION: A motion to approve the final plat for Buffalo Commons Phases 3 and 4 would be in order. FISCAL EFFECTS: Potential minor positive impacts once developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, ,--I Ci � s arda A. l 1son Chris A. Kukulski Senior Planner City Manager Providing Community Planning Assistance To: • City of Columbia Falls • City of Kalispell • City of Whitefish • Final Plat for Buffalo Commons Phases 3 and 4 December 10, 2003 Page 2 Report compiled: December 10, 2003 Attachments: Letter of transmittal Final plat application and supporting documents Final plats Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (4061 751-1850 Fax.: (406) 751-1858 tricity(acenturytel.net www.tricityplanning-mt.com December 10, 2003 Chris Kukulski, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat Approval - Amended Plat of Buffalo Commons Phases 3 and 4 (etc.) Dear Chris: This is a request for final plat approval of an five lot commercial subdivision in the Buffalo Commons development. This subdivision reconfigures boundaries of three existing lots and create five smaller lots. All of the existing lots front on Commons Loop and are part of previously approved subdivision. phases. Two of the proposed lots will be in the commercial/retail portion of the development, the remaining three lots are in the professional/medical portion of Buffalo Commons as regulated by the Buffalo Commons PUD. The subdivision contains 3.72 acres. All of the services and improvements are in place and were constructed and completed in prior phases of this development. The preliminary plat for this subdivision was approved by the Kalispell City Council on November 3, 2003 by Resolution 4847 subject to five conditions. All of those conditions have been completed or have otherwise been adequately addressed. The following is a list of the conditions of preliminary plat approval and a discussion of how they have been met or otherwise addressed. COMPLIANCE WITH CONDITIONS OF APPROVAL Condition No. 1. That the development of the site will be in substantial conformance with the approved preliminary plat which shall govern the general location of the lots, easements and roadways. (Kalispell Sub. Regs. Appendix C - Final Plat 1(A) Contents of final Plat). This condition has been rnet. The final plat is in compliance with the previously approved preliminary plat. Condition No. 2. 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. (Kalispell Sub. Regs. Section 3.12 - 3.15). Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish • Final Plat of Buffalo Commons of Phases 3 and 4 December 10, 2003 Page 2 This condition has been met. There is a letter from. the Kalispell Public Works Dept. dated 11/26/03 stating that the above referenced infrastructure has been reviewed and approved by the City under the existing planned unit development agreement. Condition No. 3. The fire access and suppression system shall comply with the Uniform Fire Code and a letter from the Kalispell Fire Department approving the access, placement of fire hydrants and fire flows within the subdivision 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.. (Uniform fire Code). • This condition has been met. There is a letter from the Kalispell Fire Department dated November 20, 2003 stating that the fire department access, hydrant location and fire flows have been approved by the department. Condition No. 4. All new utilities shall be installed underground. (Kalispell Sub. Regs. Section 3.17A). • This condition has been met. All of the utilities servicing the subdivision are in place and have been verified by an on site staff inspection. Condition No. S. That preliminary approval shall be valid for a period of three years from the date of approval. (Kalispell Sub. Regs. Section 2.04 (E (7)). • This condition has been met. The final plat for this subdivision has been filed prior to its expiration. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in compliance with the preliminary plat which was reviewed and approved by the city council on November 3, 2003. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat is in compliance with the State and City Subdivision. Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision is in compliance with the Kalispell Zoning Ordinance and the Planned Unit Development which governs the dimensional requirements of the lots within the subdivision and well as the uses within the various areas of the development. Final Plat of Buffalo Commons of Phases 3 and 4 December 10, 2003 Page 3 RECOMMENDATION: All of 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 this subdivision. Please schedule this matter for the regular City Council meeting of December 15, 2003, Sincerely, V4- Narda A. Wi son Senior Planner NW Attachments: I opaque Mylar of final plat 1 reproducible Mylar of final plat 1 copy of final plat Final plat application dated 12/3/03 Letter from. KPW Dept dated 12/26/03 Letter from the KF Dept. dated 12/20/03 Letter from DEQ dated 5/ 15/97 (copy) Title report from. Sterling Title dated 10/ 13/03 Treasurers Certification dated 12/4/03 Copy of the final plat c: David Greer, 1867 Ashley Lake Rd., Kalispell, MT 59904 Jinn Oliverson, NWHC, 310 Sunnyview Lane, Kalispell, MT 59901 Theresa White, Kalispell City Clerk REPORTS\KALISPELL\KFP-03-12. S \DOC NW Tri-City Planning Office 17 Second Street East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 FINAL PLAT APPLICATION Subdivision Amended Plat of Lot 3, Block 3, Phase 3, and Lot 3 and Lot 4, Block 1, Name: Phase 4 of the plat of Buffalo Commons Portions of Phase 3 and Phase 4 Contact Person: Name: David M. Greer Address: 1867 Ashley Lake Rd Kalispell, MT 59904 Phone No.: 406.756.9099 Date of Preliminary Plat Approval: Type Subdivision: No. of Lots Proposed: Land in Lots: (ac.) Owner: Jim Oliverson, NWHC 310 Sunnyview Lane Kalispell, MT 59901 406,752.1724 November 2003 Residential Industrial Commercial; Other FILING FEE ATTACHED 5 Park Land (ac.): 3.72 Cash -in -lieu: Exempt: $650,00 PUD/Non-residential The plat must be signed by all owners of record, the surveyor and examining land surveyor. 1 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 shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final application must be submitted no less than 30 days prior to expiration date of preliminary plat. When all final plat materials are submitted to the F.R.D.O. 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 final 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 be not 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. �ppp���ryry�fJ�[ Z caner Signature 12f03/03 Date 0 Buffalo Commons Narrative Response to Conditions of Preliminary Plat Development of the subdivision shall be platted in substantial compliance with the approved Preliminary Plat .................. The final plat is in substantial conformance to the lots shown in the preliminary plat. ?. That a letter be obtained from the Kalispell Public Works Department ............... A letter is attached from the Public 'Works Department to demonstrate compliance with this condition. 3. The fire access and suppression system shall comply ....................... A letter is attached from the Kalispell Fire Department to demonstrate compliance with this condition. 4. All new utilities shall be installed underground. All utilities are existing and underground. 5. That preliminary approval shall be valid for a period of three years from the date of approval. The approval period has not expired. f City of Kalispell Public Works Department Post Office Box 1997_. Kalispell, Montana 599013-19971 -Telephone (406)'758-7 20, Fax (406)758-78; 3 aF !November 26, 2003 Tri City Planning Office 1.7 Second Street East, Suite 211 Kalispell, Montana 59901 RE: Amended Plat of Lot 3, Block 3, Phase 3, and lot 3 and 4, Block 1, Phase 4 of the Plat of Buffalo Commons, Portions of Phase 3 and Phase 4 Gentlemen: The referenced lots have access to the existing water distribution system and sanitary sewer system of the City of Kalispell. The water distribution system and sanitary sewer system was approved by the City of Kalispell under the Buffalo Commons PUD Agreement. The existing storm drainage system was approved by the City of Kalispell based on the discharge limitations imposed by the Buffalo Commons PUD Agreement. If you have any questions, please do not hesitate to contact this office. Sinter y, rank Castles, P.E. Assistant City Engineer i City of Kalispell Public Works Department Past Office Box 19971, Kalispell, Montana 599i13_1)97 m 1 e1c hs�rae (4b) i58- 72�. Fa� (406)758- sew I November 25, 2003 Tri City Planning Office 17 Second Street East, Suite 211 Kalispell, Montana 59901 RE: Amended Plat of Lot 3, Block 3, Phase 3, and lot 3 and 4, Block 1, Phase 4 of the Plat of Buffalo Commons, Portions of Phase 3 and Phase 4 Gentlemen: The referenced lots have access to the existing water distribution system and sanitary sewer system of the City of Kalispell. The water distribution system and sanitary sewer system was approved by the City of Kalispell under the Buffalo Commons PUD Agreement. The existing storm drainage system was approved by the City of Kalispell based on the discharge limitations imposed by the Buffalo Commons PUD Agreement. If you have any questions, please do not hesitate to contact this office. Since e , Frank Cast s, P.E. Assistant City Engineer KAL SPELL FIRE DEPARTMENT Randy Brodehl - Fire Chief Jim Stewart Assistant Chief/Prevention Dee McCloskey --- Assistant Chieff©perations November 20, 2003 Eby & Associates, Inc. PO Box 7144 Kalispell, MT 59904 Attn: Jane L. Eby 312 First Avenue East Kalispell, Montana 59901 (406) 758-7760 FAX: (406) 758-7952 Re: Amended Plat approval — Lot 3, Block 3, Phase 3 and Lot 3 and 4, Block 1, Phase 4 of the Plat of Buffalo Commons, Portions of Phase 3 and Phase 4 Dear Jane, In response to your request for approval of the above -reference project we have the following information. Fire department access, fire hydrant placement, and fire flows are approved by this department. 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. " DEPARTMENT OF ENVIRONMENTAL QUALITY PERMITTING & COMPLIANCE DIVISION Metcalf Building 1520 East Sixth Ave. MARC RACICOT, GOVERNOR Fax : STATF : (406) 444 -4323 (406)444-1374 Philip Porrini Robert Peccia & Associates 825 Custer Avenue Helena, MT 59604 OF MONTANA OHIO May 15, 1997 PO Box 200901 Helena, MT 59620-0901 Re: City of Kalispell - Buffalo Commons Planned Unit Development Flathead County EQ # 97-2137 Dear Mr. Porrini: The plans and specifications for the above referenced project have been reviewed by personnel under contract with the Permitting and Compliance Division and found to be satisfactory. Approval of the plans and specifications is hereby given.. One set of plans and specifications showing the approval stamp of the MDEQ is enclosed. The project consists of approximately 1225 lineal feet of 12 inch PVC- C900 water main, approximately 2055 lineal feet of 8 inch PVC-C900 water main, 11 hydrants and appurtenances. The project also consists of approximately 3135 lineal feet of 8 inch PVC sewer rain, approximately 470 lineal feet of 6 inch PVC sewer main, 29 new manholes and appurtenances. Approval is based on plan sheets C4--1 through C4---10 and on plan sheets C5-1 through C5-9 dated May, 1997 and on specifications received May 12,1997. Both the plans and specifications were received under the stamp of Phil Porrini, Montana Professional Engineer Number 4371E. Approval is also given with the understanding that any deviation from the approved plans and specifications will be submitted to the department for reappraisal and approval.. Within 90 days after the project has been completed, the project engineer shall certify to the department that the project was inspected and found to be installed in accordance with the plans and specifications approved by the department. This certification shall be accompanied by a set of "as -built" record "AN EQUAL OPPORTUNITY EMPLOYER" drawings signed by the project engineer. It is also understood that construction will be started within two years of this date. If more than two years pass before beginning construction, it shall be necessary to resubmit the plans and specifications when construction is anticipated. This two year expiration period does not extend any compliance schedule requirements pursuant to enforcement action against a public water/sewage system. Sincerely, Mark A. Smith, P.E. Drinking Water Section Permitting and Compliance Division Department of Environmental Quality c. City of Kalispell Flathead County Sanitarian flat Rr—n Flathead Count,-, Montlna 800 S. Main St. Kalispell, MT 59901 406) 758-55 0 This Form is for Subdivisions & Condominiums Only By: l FOR: nATE Pl1RP05i: � (10. 31tt 1"v r i) ; i�` G i 3 •.� 1 Ef �t YEARS c _. TO DATE ASSESSOR A ac)C) 6 17� 006ro t-7! 0 0 66 1 '"7 G i hereby certify that there are no outstanding taxes are the prnpnir•,' assigned the assessor numbers listed above, for the years indicated for each assessor number. Deputy Treasurer (sea!) DEC Q 4 PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE Policy No. 7208926- CHICAGO TITLE INSURANCE COMPANY To the County of Flathead and the City of Kal i spel 1 in Montana CHICAGO TITLE INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Missouri, with its principal office in the City of Chicago, Illinois, and duly authorized to insure titles in Montana hereby certifies that from its examination of these public records which impart constructive notice of matters affecting the title to the real estate described in Schedule A hereof, as of the 17th day of October , 2003 at S o'clock P.M., the title to the described real estate was indefeasibly vested in fee simple of record in: NORTHWEST HEALTHCARE CORPORATION A Montana Corporation subject only to the objections, liens charges, encumbrances and other matters shown under Schedule B hereof. The maximum liability of the undersigned under this certificate is limited to the sum of $10 , 000.00 This certificate of title is made in consideration of the payment of the premium by the subdivider of the land and for the use of the County and City above named. 18sued by: STERLINC3 TITLE: 211 ouE e limn Sbreet P0. Box 7 Fax; 40 752- Fax: OTs(e) 1-com Fri%['ese �q }'s gq^xpp m 1 "' Authorized Si ai ry CMCAGO TITLE INSURANCE COMPANY 'By. Z / r 7al V PrWAW ATTEST li�� I A Secrebn Reorder Form Nov 9113 (Reprinted 12100) Preliminary Subdivision Certificate of Title For Use In Montana SCHEDULE A Page 2 Certificate No.: 7208926-1182 Our File No.: CG-37531 Being the legal description of the real estate covered by this certificate. The following -described parcels of real estate: That portion of Government Lot 5, Section 6, Township 28 North, Range 21 West, Principal Meridian, Flathead County. Montana and more particularly described as follows: Beginning at a point that bears South 58'28'54" East, a distance of 348.08 feet from the NW corner of Government Lot 5, Section 6, Township 28 North, Range 21 West, said point being on the Southerly boundary of Commons Way, a 60.00 foot city street, and on a 470.00 foot radius curve concave Southerly having a radial bearing of South 03'32'44" West, thence along said Southerly boundary of said Commons Way the following two courses: along said curve through a central angle of 14'56'40" an arc length of 122.59 feet to the beginning of a 780.00 foot radius reverse curve concave Northerly, and along said carve through a central angle of 13'5633" an are length of 189.81; thence South 45'2326" West, a distance of 265.22 feet: thence South 05059'40" West, a distance of 62.99 feet to the Northerly boundary of Commons Loop, a 60.00 foot city street and to a point on a 160.00 foot radius curve concave Southerly having a radial bearing of South 05'59'40" West; thence along said Northerly boundary of Commons Loop the following two courses: along said curve through a central angle of 06'56'57" an arc length of 19.41 feet and South 89'02'43" West, a distance of 98.21 feet; thence North 00'57' 17" West, a distance of 150.21 feet; thence North 03'3244" East, a distance of 160.98 feet to the Point of Beginning. and Beginning at a point that bears South 55'33'56" East, a distance of 963.64 feet from the NW corner of Government Lot 5, Section 6. Township 28 North, Range 21 West; thence South 20'41' 14" East, a distance of 209,08 feet; thence South 03°49'50" East, a distance of231.63 feet; thence North 85'35'08" West, a distance of 3 22.3 3 feet; thence North 35° 16'48" West, a distance of 47.94 feet to the Easterly boundary of Commons Loop, a 60.00 foot city street, and to a point on a 160.00 foot radius curve concave Westerly having a radial bearing of North 35016'48" West, thence along said Easterly boundary of said Commons Loop the following two courses: along said curve through a central angle of 77'21'37" an arc length of 216.03 feet and North 22'38'25" West, a distance of 79.71 feet; thence North 67'21'35" East, a distance of 254.37 feet to the Point of Beginning. To Be Known And Designated As: THE AMENDED PLAT OF LOT 3, BLOCK 3, PHASE 3, AND LOT 3 AND LOT 4, BLOCK 1, PHASE 4 OF THE PLAT OF BUFFALO COMMONS, PORTIONS OF PHASE 3 AND PHASE 4. Page 3 Certificate No.: 7208926-1182 Our File No.: CG-37531 Being all of the estates, interests, equities, lawful claims, or demands, defects, or objections whatsoever to title; and all easements, restrictions, liens, charges, taxes (general, special, or inheritance, or assessments of whatever nature), or encumbrances; and all other matters whatsoever affecting said premises, or the estate, right, title, or interest of the record owners, which now do exist of record. 1. Property taxes, including any assessments collected with the taxes, for the year 2003. 2. Mineral rights, claims or title to minerals in or under said land, including but not limited to metals; oil, gas, coal, or other hydrocarbons, sand, gravel or stone, and easement or other rights relating thereto, whether express or implied, recorded or unrecorded. 3. Delinquent water and sewer charges of the City of Kalispell, if any. 4. Reservations in Patents or the acts authorizing the issuance thereof. Declaration of Conditions, Covenants, and Restrictions and any rights, previsions, powers, obligations, liens or charges as provided therein, but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the [hired States Code or (b) relates to handicap but does not discriminate against handicapped persons, recorded July 10, 1980 under Recorder's Fee 48632, in Book 696, page 111, records of Flathead County, Montana, and any amendments thereto. 6. Terms and provisions contained in Resolution No. 4174 regarding annexation and zoning recorded November 14, 1994 as Document 49431814340, records of Flathead County, Montana. 7. Terms and -provisions in Ordinance No. 1226 regarding A Planned unit Development recorded October 3, 1995 as Document 49527615080, records of Flathead County, Montana. Declaration of Conditions, Covenants, and Restrictions and any rights, provisions, powers; obligations, liens or charges as provided therein, but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons; recorded October 3, 1995 as Document #9527615080, records of Flathead County, Montana, and any amendments thereto. 9. Ordinance No. 1276 regarding Amendment of Declaration of Conditions, Covenants and Restrictions, recorded February 24. 1998 as Document 4199805512210, records of Flathead County, Montana. 10. Ordinance No. 1281 regarding Vacating Declaration of Conditions, Covenants and Restrictions, recorded February 24, 1998 as Document 4199805512220, records of Flathead County, Montana. 11. Declaration of Conditions, Covenants, and Restrictions and any rights, provisions, powers, obligations, liens or charges as provided therein, but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons, contained in instrument recorded February 24, 1998 as Document #199805512230, and amendment recorded September 29, 2000 as Document #200027311070, and amendment recorded September 29, 2000 as Document #200027311080 and amendment recorded December 26, 2001 as Document #200136015330 and amendment recorded August 20, 2003 as Document #200323215380 and amendment recorded August 20, 2003 as Document #200323215390, records of Flathead County, Montana. 12. Easement for gas pipe line and related purposes granted Montana Power Company, recorded August 10, 2001, as Document #200122212250, records of Flathead County, Montana. 13. Certificate of parkland as shown on the plat of Buffalo Commons, Portions of Phase 3 and Phase 14. Gas easement and certificate of parkland as shown on the unrecorded plat of The Amended Plat of Lot 3, Block 3, Phase 3, and Lot 3 and Lot 4, Block 1, Phase 4 of The Plat of Buffalo Commons, Portions of Phase 3 and Phase 4. 15. 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