The URL can be used to link to this page

12. Final Plat & Subdivision Improvement Agreement - Village Greens Phase 16Tri-City Planning Office 17 Second Street East -- Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricityna centurytel.net www.tricityplanning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Tom Jentz, .Director Chris A. Kukulski City Manager SUBJECT Final Plat for Flathead Village Greens Subdivision Phase 16 MEETING DATE: November 3, 2003 BACKGROUND: This is a request for final plat approval of Flathead Village Greens 16. This phase contains 4 single-family lots on approximately 0.666 acres and is situated at the north end of West Nicklaus Avenue. The newly developed extension, of West Nicklaus which ends in a temporary cul-de-sac will be dedicated to the City of Kalispell. All of the work associated with the development of this subdivision has been completed except for boulevard seeding and street tree planting which are addressed in a subdivision improvements agreement, attached. The subdivision improvements agreement is secured by a bond in the amount of $2,532,50 which constitutes 125% of the cost of the required improvements. The preliminary plat for this subdivision was approved by the City Council on December 10, 2002 subject to 16 conditions. The applicant has complied with all conditions of approval and the attached subdivision has been found to be in substantial compliance with the State and City Subdivision Regulations. RECOMMENDATION: A motion to accept the subdivision improvements agreement in the amount of $2, 532.50 and approve the final plat for Flathead Village Greens, Phase 16 would be in. order. FISCAL EFFECTS: Potential minor positive impacts once developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, Tom. Jentz Chris A. Kukulski Director City Manager Report compiled: October 28, 2003 Attachments: Letter of transmittal Final plat application and supporting documents Providing Community Planning Assistance To: • City of Columbia Falls • City of Kalispell • City of Whitefish • Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centu rytel.net October 28, 2003 Chris Kukulski, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Glacier Village Greens Phase 16 Dear Chris: Our office has received an application from Sand Surveying for approval of the final plat for Glacier Village Greens Phase 16 which creates 4 single-family lots on approximately .951 acres at the north end of West Nicklaus Drive. The newly developed extension of West Nicklaus Drive ending in a temporary cul-de-sac will be dedicated to the City of Kalispell. All of the work associated with the development of this subdivision has been completed except for boulevard seeding and street tree planting which are addresses in a subdivision improvements agreement, attached. The subdivision improvements agreement is secured by a cashier's check in the amount of $ 2,532.50 which constitutes 125% of the cost of the required improvements. The preliminary plat for this subdivision was approved by the City Council on December 10, 2002 subject to 16 conditions. The following is a list of the conditions of preliminary plat approval and a discussion of how they have been met or otherwise addressed. COMPLUNCE 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. This condition, has been met. The configuration of the lots, roadways and open space areas are in substantial compliance with the approved preliminary plat. Conditions, 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. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish • Final. Plat for Glacier Village Greens Phase 16 October 28, 2003 Page 2 + This condition has been adequately addressed per letter of certification from the applicants engineer Paul Wells in a letter dated October 3, 2003 to Frank Castles, Kalispell Public Works. In addition please find attached a letter dated October 16, 2003 from Assistant City Engineer Frank Castles verifies completion and acceptance of the work except for street trees and re -seeding the boulevard. Note that the applicant has coordinated his plans with the Parks Director and purposes bonding for these items. These items are included in a subdivision improvements agreement. Condition No. 3. That a letter be obtained from the Kalispell Public Works Department approving the sewer and drainage facilities for the subdivision. • This condition has been adequately addressed per letter of certification from the applicants engineer Paul Wells in a letter dated October 3, 2003 to Frank Castles, Kalispell Public Works. In addition please find attached a letter dated October 16, 2003 from Assistant City Engineer Frank Castles verifies completion and acceptance of the work. Condition No. 4. That a geotechnical analysis of the slope areas to the north and to the west of the proposed subdivision be performed that insure the stability of the slope and identify any potential for failure due to development of the subdivision or other construction that might occur. The report shall be submitted to the Kalispell Public Works Department for their review and approval. This condition has been complied with. A slope stability analysis report was completed by GMT Consultants, Inc. of Missoula has been submitted to this office. A copy has been forwarded to the Kalispell Public Works Department and to the city building department. The report does note that the slope in question is presently stable but that additional materials should not be removed from the toe of the slope and particularly lots 2, 3 and 4 should have houses that are designed into the toe of the slope as opposed to major excavations to remove the slope. 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 per letter dated February 25, 2003 from Assistant City engineer Frank Castles. Condition No. 6. That the developer obtain a letter from the Evergreen Water District or their engineer approving the water main extension and certifying that any necessary improvements have been completed. • This condition has been met per letters from Roberta Struck, Evergreen Water and Sewer District Manager dated March 12, 2003 approving the design and letter dated October 16, 2003 certifying installation and completion. Condition No. 7. 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. Final Plat for Glacier Village Greens Phase 16 October 28, 2003 Page 3 • This condition has been met per letter from Fire Marshall Jim Stewart dated October 22, 2003. Condition No. 8. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. • This condition has been met as the project will continue to use previously installed and approved facilities on -site. Condition No. 9. 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 per letter of certification from the applicants engineer Paul Wells in a letter dated October 3,2003 to Frank Castles, Kalispell Public Works. In addition please fund attached a letter dated October 16, 2003 from Assistant City Engineer Frank Castles that verifies completion and acceptance of the work. Condition No. 10. That the parkland dedication requirements shall be met by recognizing the existing park and parking; improvements as well as open space within the development. • This condition has been through previous parkland donations and existing parkland open space designations. Condition No. 11. All utilities shall be installed underground. • This condition has been met per site inspection and per letter from Assistant city Engineer Frank Castles dated October 16, 2003. Condition No. 12. 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 per letter from Fire Marshall Jim Stewart dated October 22, 2003. Condition No. 13. 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 addressed. The only remaining activities to complete are seeding of the boulevards and installation of street trees. Both are addressed in the attached subdivision improvements agreement and associated bond. Condition No. 14. All areas disturbed during development of the subdivision shall be re -vegetated with a -reed-free mix immediately after development. Final Plat for Glacier Village Greens Phase 16 October 28, 2003 Page 4 This condition has been adequately addressed. The applicant is in the process of re- seeding the disturbed areas but has not completed the activity. This project is included in the attached subdivision improvements agreement. Condition No. 15. That the boundaries of the 100-year floodplain be established and delineated on the final plat. • This condition is not applicable to this plat as the nearest floodplain is several hundred feet away. Condition No. 16. That the preliminary plat is valid for a period of three years from the date of approval with a three-year extension as the final plat for each phase is filed. This condition has been met. The preliminary plat was filed on December 10, 2002. The final plat was filed prior to the expiration date and in substantial compliance with the subdivision regulations. 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 December 10, 2002. 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 which governs the dimensional requirements of the lots within the subdivision and well as the uses within the various areas of the development. 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 and execute the attached subdivision improvements agreement. Please schedule this matter for the regular City Council meeting of November 3, 2003. Sincerely, Thomas R. Jentz Director TJ/sm Attachments: 1 opaque mylars of final plat 1 reproducible Mylar of final plat 1 copy of final plat Ltr from Sands Surveying dated 10/22/03 Final plat application dated 10 / 21 / 03 Letter from DEQ (EQ#03-2287) dated 3/21/03 Final Plat for Glacier Village Greens Phase 16 October 28, 2003 Page 5 Letter from Richard Montgomery, Flathead city county Health Dept. dated 4 / 9 / 03 Letters from Evergreen Water 8s Sewer Dist. dated 3/ 12/03 10/16/03 Letters from Paul Wells, PE dated 10 / 3 / 03 & 9 / 30 / 03 Letters from Frank Castles, Assistant City Engineer dated 2/25/03 and 10/16/03 Letter from Jim Stewart, City Fire Marshall dated 10 / 22 / 03 Slope Stability Evaluation by GMT Consultants dated 3-17-03 Title report Sterling Title Services dated 9/25/03 (7208926-1176) Treasurers Certification dated 3/11/03 Subdivision Improvements Agreement dated 10/28/03 Cashier's Check in the amount of $ 2,532.50 c: Sands Surveying, 2 Village Loop, Kalispell, MT 59901 Owl Corp, 500 Palmer Drive, Kalispell, MT 59901 Theresa White, Kalispell City Clerk SUBDIVISION E"ROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this _�b day of `- - , 20 by as between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY and MARK OMENS OF OWL CORPORATION located at Sal PALMER DRIVE KAMPILL MT 59901 Party of the Second Part and hen inafter referred to as DEVELOPER WITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as FLATHEAD VILLAGE GREENS PHASE 16, located at EAST NICE I.AUS and, WHEREAS, the City has conditioned its approval of the final plat of FLATHEAD VII,I..AGE GREENS PHASES 14-22 . upon the conditions as set forth in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A°'; and WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit B"; and WHEREAS, the estimated teal cost of construction of said improvements is the sum of 2026.00 NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: The Developer shall deposit as collateral with the City a Letter of Credit, or other actable collateral as determined by the KALISPELL CITY COUNCIL, in the amount of $ 2532.50 . Said Letter of Credit or other collateral shall have an expiration date of at least sixty (60) clays following the date set for completion of the improvements, certifying the following: a. That the creditor guaranteed funds in the sum of $ 2532.50 the estimated cost of completing the required improvements in FLATHEAD VILLAGE GULNS, PHASE .16 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; That said required improvements shall be fully completed by JUNE 1 2004 3. That upon completion of the required irnprovemments, 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 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 nWrovenients 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 surmharges have been paid 4. The Developer shall cause to be filed with the City copies of final plans, profiles, gees and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that to the best of his knowledge, inprovements have been installed in general conformance with said specifications. IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT: That the Developer, upon request, shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision lmprovement 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 00n9truct 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 constnrct the improvement or irinprovements inaccordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the Ming institution, as is date. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. FIATHEAD VILLAGE GREENS, PHASE 16, MARK OWENS OF OWL CORPORATION (Name of subdivision(Developer/Firm) by: (Title) The subdNid er shall warrant the design, construction materials and workmanship of the improvements against any failure or defect m design, construction, material or mrknianship which is chscovered no more than one (T) year from the date of STATE OF MONTANA, COUNTY OF FLATHEAD On this c:fi` r'` %�' .�`��.• ;�9'�" efore mew Notary T'trblic for the State of Montana, personally appeared foregaing instnrment and acknowledged to me that he e�:ecuted the same. IN yK "ESS WHEREOF] have reunto set my hand and affixed my NotaSeal this day and year first above written. i i `_ `+1091019,'1 N liblid for e S of Montana "s�P • ....l..., R sidrn at g SAL � s My Commission Expires r KALISPELL CITY COUNCIL ATTEST: TITERSEA WHITE CriY CLERK By: by: MAYOR EXH BTT A Conditions of Approval as set forth by Kalispell City Council W11/lW ENGINEERING, , PC Pain Wet% PE Prllluipal Engineer October 27, 2003 Mayor and Uity Council Members City of Kalispell PC) Box 1997 Kalispell, Montana 59903-1997 Dear Mr. Mayor and City Council Members: Consuifing Engineers 64 West Second Street Whitefish, Montana 59937 Phone (406) 862-7826 Fax (406) 862-7827 Re: Glacier Village r zreens, Phi 16 Please accept this letter as an engineer's estimate for work remaining to be accomplished at the above pNject. Landscaping in the boulevard area is all that is required. The estimated cost is as follows: $ Trees @, $200 each $1600 Seeding and mulching 1704 8 L .25 per foot 5 426 Estimated Cost of Completion $2026 Should you have any questions please call. .. S iracurcly; 1?u1,L. Wells Page A-25 - Appendix Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana. t This agreement specifically includes the following; improvements, their projected construction completion date and estimated construction costs. CHECK CONSTRUCTION ESTIMATED APPROPRIATE COMPLETION CONSTRUCTION IMPROVEMENTS Street GmdinePaving Street Base Sidewalks Curbs and Gutters Sanitary 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 Suns Street Luting Street Monuments Survey Monument Boxes Landscaping Other ( ) f TOTAL COLLATERAL (TOTALS COSTS X 125%) DATE :F. TOTALS COSTS COSTS Preliminary Plat for Glacier Village Greens Phases 14 - 22 December 10, 2002 Page 3 ATTACHMENT A PRELIMINARY PLAT FOR GLACIER VILLAGE GREENS PHASES 14 THROUGH ROUGH 22 CONDITIONS OF APPROVAL AS'"RECOMMENDED BY THE HALISPELL CITY PLANNING BOARD NOVEMBER 12, 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 November 12, 2002 planning board meeting: 1. Development of the subdivision shall be platted in substantial compliance with the approved -prelim nary 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 Moritan berti:fying, that the improvements have been installed according to the required specifications snaii 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 a letter be obtained from. the Kalispell. Public Works Department approving the sewer and drainage facilities for the subdivision. 4. That a geotechnical analysis of the slope areas to the north and to the west of the proposed subdivision be performed that .ire the stability of the slope and identify any potential for failure due to development of the subdivision or other construction that might occur. The report shall be submitted to the Kalispell Public Works Department for their review and approval. 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. b. That the developer obtain a letter from the Evergreen Water District or their engineer approving the water main extension and certifying that any necessary improvements have been completed. Preliminary Plat for Glacier Village Greens Phases 14 - 22 December 10, 2002 Page 4 7. The road within the subdivision shad be named and signed in accordance with the policies of the Kalispell Public WoTks�Department andAhe Uniform Traffic Control Devices Manual and be subject _ tc> review and approval of the Kalispell Fare Department. 8. The developer shall provide a letter frorra the U.S. Postal Service approving the plan for mail service. 9. Street lighting shall be locateckhthin the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. 10. That the parkland dedication requirements shall be met ,by recograiz�ag the e7dsting park and parking improvements as well as open. spa'thin the development. 11. All utilities shall be i.ns alled undeTgr_o rad. 12. That tie fire access and suppression. system -comply with. the_ U ifarm Fire_ Code and-. letter from the Kalispell Fire Department -approving the .access and -number and placement. of fire hydrants, wat3in .the subdivision as well as fire _flours and access shall be submitted with they..final. ,.plat The - fire access .and suppression system shall be installed and Approved by the fire department prior to: -final- plat approval.. . 13, That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 14. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. is. ' That the boundaries of the .100 f ear flood lair be established and delineated on the final. plat... . 16. That preliminary approval shall be valid for a period of three years from the date of approval with a three year extension as the final plat for each .phase is filed. Montana Department of ICI jcANvmoNmENTALQuALrrYJudy Martz, Governor P.O. Box 200901 • Helena, MT 59620-0901 • (406) 444-2544 - www.decl.state.mCus March 21, 2003 WMW Engineering PC Lee Griswold '50 WestSecondSt YVTh I-LeI Ish M T 590Y3 i Dear Mr Griswold: RE: Glacier Village Greens Phase 16 Municipal Facilities Exclusion EQ##03-2286 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 {76-4-111 (3), MCA}. Construction of water or sewer extensions prior to 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, t �f i' .net Skaarland Compliance Technician Subdivision Section Water Protection Bureau (406) 444-1801 — email jskaarland@state.t.us cc: City Engineer, City ofKalsipell County Sanitarian file Centralized Services Division • Enforcement Division • permitting & Compliance Division • Planning, Prevention & Assistance Division - Remedia€ion Division Environmental Health Services 1035 First Avenue West Kalispell, MT 59901 (406) 751-8130 Fax: 751-8131 Wednesday, April 09, 2003 Lee J. Griswold WMW Engineering 50 W. 2 nd. St. Whitefish, MT, 59937 Pe: Glacier Village Greens, Phase 16, Water & Sewer Mainz Ext-, Kalispell, .Proj. # FH-03-04 Dear Lee, Administration 751-8101 FAX 751-8102 Community health Services 751-8110 FAX 751-8111 Reproductive Health Services 751-8150 FAX 751-8151 VVIC Services 751-8170 FAX 751-8171 The plans with specification notes, certified checklist and required documents for the above referenced project have been reviewed by this office and are satisfactory. Approval to proceed with the project is hereby given. One set of the approved plans is enclosed. This project includes installation of water and sewer main extensions as shown on plans prepared by WMW Engineering and received by this office on 3/31103. The plans were submitted under the seal and stamp of Paul WellF, # 7378 E. Apt rival is given with the understanding that any deviation from the approved plans and specifications will be subtr.,tted to the department for review and approval. Prior to commencing use of any portion of a new public system, the owner or his engineer, shall certify by letter to the Department that the portion of the system to be put into use was built in accordance with approved plans and specifications. As -built drawings for the portion of the system put into use must be provided to the Department within 90 days after the date of initial use. Within 90 days after the entire 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 record as built drawings of the entire project, signed by the project engineer. It is further understood that construction will be completed within three years following the date of approval. If more than three years elapse before completing construction, plans and specifications must be resubmitted and approved before construction begins or resumes. This three year expiration period does not extend any compliance schedule requirements associated with a Department enforcement action against a public water or sewage system. Please contact this office if you have any questions. Sin f ely, Richard T. Montgomery, P. Environmental Engineer copies to: Water Quality Division- Helena & Kalispell City of Kalispell, Dept. of Public Works Flathead County Water and Sewer District 41, Evergreen It is the mission of the Flathead City -County Health Department to assure the conditions in which people can be healthy through collaboration, promoting stewardship of our resources, and providing preventive health services to our community. ater 8 Sewer jet 1 "I CO 130 Nicholson Drive • Kalispell, MT 59901 Phone: (406) 257-5861 Fax: (406) 756-1566 March 12, 2003 WMW Engineering 50 West Second St. Whitefish, MT 59937 AttE{ �= t:U__. FCC Gris,v^ld Dear Lee: The plans you provided for a water main extension to serve phases 15 and 16 of Glacier Village Greens were reviewed and approved by the Board of Directors at the regular board meeting held on March 12, 2003. 1 will prepare a main extension agreement and get that to you for signatures. Sincerely, r � Roberta Struck District Manager ,,�, ater & Sewer DzStr. cr 130 Nicholson Drive a Kalispell, MT 59901 Phone: (40£) 257-5861 Fax: (406) 756-1588 October 16, 2003 WMW Engineering 50 West Second St. Whitefish, MT 59937 Attention: Lee Griswold Dear Lee: This is to certify that the water main extension for Glacier Village Greens Phase 16 has been completed. The main and appurtenances will be under warranty by the developer for a period of two years as per the extension agreement. Sincerely, Roberta Struck District Manager Cc: Sands Surveying M W ENV INEL ! i t Y V Y V, PC Paul Wells, P.E. Principa[ Engineer September 30, 2003 Mr. Frank Castles, PE Public Works Department City of Kalispell PO Box 1997 Kalispell, Montana 59903 Re: Village Greens, Phases 15 and 16 Dear Frank, Consulting Engineers 50 West Second Street Whitefish, Montana 59937 Phone (406) 862-7826 Fax (406) 862-7827 This letter is to document that on Nlonday, September 29, 2003, you and I had a site visit at Phases 15 and 16 of Village Greens to inspect the recently constructed sidewalks. As had been previously discussed, portions of the sidewalk would encroach upon the five-foot boulevard. On Phase 16, the sidewalk on the east side of the road is deflected around an existing tee box at the north end, and a three-phase electrical vault on the south end. On Phase 15, the sidewalk on the east side is deflected around three-phase electrical vaults at both the north and south end, and on the west side it is slightly deflected at the south end to miss the existing telephone and electrical service pedestals. It was our common opinion that this sidewalk placement would not impair the functionality of the road, sidewalk, and boulevard areas. As future phases develop, it is anticipated that the likelihood of encountering these obstructions will be lessened. Sincerely, Lee Griswold cc. Mark Owens y City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 October 16, 2003 WMW Engineering, PC 50 West Second Street Whitefish, Montana 59937 Attention: Lee Griswold RE: Village Greens, Phase 16 Kalispell, Montana Dear Lee: The Public Works Department concurs with the changes in the boulevard width as outlined in your letter dated October 3, 2003. We have examined the referenced project site and performed the video examination of the sanitary sewer lines. Upon completion of the following items, the project will be considered complete and meeting the intent of the current city standards: 1. Receipt of one set of the record drawings. 2. Boulevard and disturbed areas seeded and trees planted. If you have any questions, please do not hesitate to contact this office. Sincerely Frank Castles, P.E. Assistant City Engineer WMW ENGINEERING, PC. Paul Wells, P.E. Principal Engineer October 3, 2003 Mr. Frank Castles, PE Public Works Department City of Kalispell PO Box 1997 Kalispell, Montana 59903 Re: Village Greens, Phases 16 Dear Frank, Consulting Engineers 50 West Second Street Whitefish, Montana 59937 Phone (406) 862-7826 Fax (406) 862-7827 This letter is to certify that the required improvements for the roadways, sewer and water have been installed in substantial compliance with the approved plans and specifications with the following exceptions: I. The boulevard width varies at several locations in order for the sidewalk to miss an existing electrical vault and Qolf tee box. 2. The boulevard and disturbed areas have yet to be seeded, and trees need to be planted- 3. The lots need to be elevated accardim. to the drainage plan. This will be done in stages as fil generated from nearby building construction is deposited on the lots. Top of building foundations will be required to be eighteen inches higher than the top of curb, which will insure the necessary fill placement and drainage. In order to complete the necessary requirements for final subdivision filing we will need a letter of approval from the City. Should you have any questions please call, City of Kalispell. Public ,Works Department - - Post office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)75 8-783 1 February 25, 2003 Dick Montgomery, P.E. Environmental Health Services Flathead City -County Health Department 1035 First Avenue Vilest Kalispell, Mt. 59901 Re: Glacier Village Greens, Phase 16 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 Paul L. Wells, P.E., for the referenced project. The Kalispell sanitary sewer system has adequate capacity to serve the project. Please feel free to call if you have any questions. Respectfully, AA Frank Castles Civil Engineer cc: Paul L. Wells, P.E. KA.LISPELL .FIRE DEPARTMENT Randy Brodehl - Fire Chief Jim Stewart - Assistant Chief/Prevention Dee McCloskey — Assistant Chief'Operations October 22, 2003 Sands Surveying 2 Village Loop Kalispell, MT 59901 Attn: Erica Wirtaia Re: Final plat approval — Glacier Village Greens Phase 15 & 16 Dear Erica, 312 First Avenue East Kalispell, Montana 59901 (406)758-7760 FAX: (406) 758-7952 In response to your request for final plat approval of the above -reference project we have the following information. Fire hydrant locations and fire department access is approved by this department. It is our understanding that fire flow testing by the Evergreen Water Department indicates adequate flows as required by the Uniform Fire Code. All requirements from our department for Phase 15 and 16 have been met. Please contact me if you have any questions. Sincerely, Jim Stewart Assistant Fire Chief/Fire Marshal Kalispell Fire Department cc: Tom Jentz, Tri-City Planning Office .Assisting our community in reducing, preventing, and mitigating emergencies. " SS- rr M CONSULTANTS, fNC.� P.O. 7847 Missoula, Montanaa 59807 TEL: (406) 721-2182 GEOTECHNICA(� ENGINEERING FAX: (406) 543-4220 CONSTRUCTION MATERIALS TESTING March 17, 2003 Mr. Lee Griswold WMW Engineering, PC 50 West Second Street Whitefish, Montana 59937 RE: Slope Stability Evaluation Proposed Glacier View Greens Phases 16 & 22 Kalispell, Montana Dear Mr. Griswold: Pursuant to your request, we have completed our slope stability analysis of the above referenced project site. The purpose of our analysis has been to determine the stability of the existing slopes adjacent to the Westerly side of Phase 16 and adjacent to the Northerly side of Phase 22. Our analysis and recommendations are based on the topography on the Preliminary Plat of Glacier Village Greens, Phases 14-22, dated October 28, 2002 and on additional topography which we were supplied by Sands Surveying, Inc. in March 2003. The following is a summary of our investigation, conclusions, and recommendations. Investigation The project site is located in Section 32, T. 29N, R. 21 W., to the North and East of Kalispell, Montana. The subdivision lots are primarily located on a relatively flat area with a slight downward slope to the South. The topography data, which you supplied, indicates that the bluffs to the West of Phase 16 and to the North of Phase 22 rise to approximately 80 feet elevation above the elevation of the subdivisions lots. The existing slopes increase from a slope of approximately 10 feet horizontal per I foot vertical at the bottom of the bluffs to a maximum slope of 2 feet horizontal per 1 foot vertical near the top of the bluffs. We visited the site in January, 2003 to view the slopes and observe the soil types.. The ground was mostly frozen, but we were able to determine that the primary soil type was sandy silt. We looked for evidence of elevated levels of moisture, indicating possible water bearing soil lenses and did not identify any. Additionally, you supplied a number of photographs of the site taker. in late fall, 2002 and the photographs did not show areas of obvious elevated moisture. Mr. Lee Griswold March 17, 2003 Page 2 of 2 Analysis The slopes along the two subject portions of the site are presently at a maximum of 2:1 slope and appear stable. No evidence of slope instability, slope raveling, or tension cracks was observed. We performed stability analysis of three slope cross -sections (x-sections 1, 2, & 3) using the computer program XSTABL. The critical slopes were analyzed utilizing CIRCULAR -ARC failure search routines for an assumed wet condition. A friction angle of 28 along with a cohesion value of 200 pounds per square foot (psf) was used for the native soils. The results of our analyses indicate critical factors of safety in excess of 1.5 for the slopes. The factor of safety represents the relationship of the forces resisting sliding divided by the forces causing sliding. Conclusions: We feel that the existing slopes adjacent to the lots on these portions of the development are in a stable condition and do not present a risk of slope failure. However, removing large amounts of the soil at the base of the slopes or increasing the grade of the slopes could decrease the stability, and increase the possibility of slope failure. Recommendations: We recommend that only minimal amounts of soil be removed from the base of the slope for house construction. In lots 3, 4, and 5 of Phase 16, where the slopes extend out into the lots, we recommend that if possible the houses be designed to conform to the slope, rather than cutting the base of the toe out to create a generally flat lot. We also recommend that the surface vegetation on the slopes be left intact to minimize the possibility of the minor surface mudflows. We recommend that any grading plans for the Iots provide for diverting any surface flow from the slopes away from the houses. Particular attention should be paid to any draws such as that above the lot line between lots 3 & 4. Under the right conditions these types of draws could carry significant runoff water. Please contact us if you have any questions regarding the above recommendations. We appreciate the opportunity to be of service to you. Respectfully submitted, William W. Weikel, PE Engineering Project Manager Attachments ONTA 2 Village Loop Kalispell, MT 59901 406-755-6481 Fax 406-755-6488 October 22, 2003 Torn Jentz, Director Tri-City Planning Office 17 Second Street East, Suite 211 Kalispell, MT 59901 RE: Flathead Village Greens Phases XV and XVI Dear Tom: 11 Attached please find the materials required for the review of Flathead Village Greens Phases XV and XVI final plats. This was granted preliminary plat approval on December 10, 2002 and will expire on December 10, 2005. The following is the list of Conditions of Subdivision Approval and how each Condition was met. 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. The final plats submitted for Phases XV and XVI are in substantial compliance with the approved preliminary plat 2. That the roadways serving the subdivision shall be constructed in accordance with the adapted 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 place in accordance with a plan approved by the Parks and Recreation director. A letter from an engineer licensed in the State on 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. Please refer to the attached letters from i1fYMW Engineering and the City of Kalispell, Department of Public Works. 3. That a letter be obtained from the Kalispell Public Works Department approving the sewer and drainage facilities for the subdivision. Please refer to the attached letter. 4. That a geotechnical analysis of the slope areas to the north and to the west of the proposed subdivision be performed that pertain to the stability of the slope and identify any potential for failure due to development of the subdivision or other construction that might occur. The report shall be submitted to the Kalispell Public Works Department for their review and approval. Attached is a geo-technical report from GMT Consultants, Inc., with their recommendations for lots 3,4 and 5 of Phase XVi. 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. Refer to letters from the Kalispell Public Works Department and the Department of Environmental Quality. 6. That the developer obtain a letter from the Evergreen Water District or their engineer approving the water main extension and certifying that any necessary improvements have been completed. Please see attached letter from the Evergreen Water District. 7. 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 Eire Department. Please refer to the attached letter from the Kalispell Public Works Department and the Kalispell Fire Department. S. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. These phases will utilize existing, pre -approved mail facilities. 9. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. Please refer to the attached letter from the Kalispell Public Works Department and WMW Engineering stating that all improvements are in place. 10. That the parkland dedication requirements shall be met by recognizing the existing park and parkland improvements as well as open space within the development. As stated. 19. AJJ utilities small be installed underground. All utilities have been installed underground. IZ 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 Please refer to the attached letter from Jim Stewart of the Kalispell Fire Department Fire flows were measured by Evergreen Water and 1 have attached those figures. 13. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. All of the improvements except for the planting of grass and street trees have been completed. Refer to the attached engineer's letter. 14. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. All areas will be re -seeded as per agreement with Parks and Recreation. This will be done in conjunction with the planting of street trees. 15. That the boundaries of the 1 oQ-year floodplain be established and delineated on the final plat. These two phases of Flathead Village Greens are not near the 100 year ftoodplain. 16. That preliminary plat approval shall be valid for a period of three years from the date of approval with a three year extension as the final plat for each phase is filed. The preliminary plat is filed before the expiration deadline. Thank you for your kind attention to these final plats. Please feel free to call should you have questions, concerns or require additional information. Sincerely, k�ca Wirtala Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 FINAL PLAT APPLICATION Project Name:— FLATHEAD VILLAGE GREENS PHASE 16 Contact Person: Name: TOM SANDS,. SANDS SURVEYING, INC. Address: 2 VILLAGE LOOP KALISPELL, MT 59901 Phone No.: 755-6481 Date of Preliminary Plat Approval: DECEMBER 10, 2 02 Owner & Mailing Address: Type of Subdivision: Residential XX Industrial —Commercial _PUD Other 21 No. of Lots Proposed 4 Parkland (acres) Ili/A ED Land in Project (ac.) 0.951 Cash -in -Lieu RECEIV Exempt OCT FILLING FEE ATTACHED $620.00 Minor Subdivision with approved preliminary plat $300N-fi$30/lot Major Subdivision with approved preliminary plat $500 4"tW/lot Subdivisions with Waiver of Preliminary Plat $500 + $30/lot Subdivision Improvements Agreement $ 50 Not Attached 8pplicable MUST CHECK ONE) Health Department Certification (Original) Title Report (Original, not more than 90 days old) _XX_ Tax Certification (Property taxes must be paid)1) -2m- Consent(s) to Plat (Originals Originals and notarized) _XX_ Subdivision Improvements Agreement (Attach collateral) _XX_ Parkland Cash -in -Lieu (Check attached) Mc- Maintenance Agreement Plats: lopaque OR 2 Wars I Mylar copy i 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 haw 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 of date of the preliminary plat. When all application materials are submitted to the Tri-City Planning Off -ice, and the stafffinds 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 fomarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the Planning Board. I ccrtffi, that all information 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 and Recorder requests that all subdivision final plat applications be accompanied with a digital copy. d- er(s) Signature **A digital copy of the final plat in a Drawing Interchange File (DX) formal or an AuIoCAD file format, consisting of the following layers-. I. Exterior bounda, of subdivision 2. Lot or park boundaries 3. Eastment 4. Roads or rights-Of-wa-v- 5. A tie to either an existing subdivision corner or a corner of the public land survey sytem As approved by the TUB on 12/19/01 Effective 111102 Plat Room HaLlteafl C.outtty, fviottMIM 800 S. Malt) St. Kalispell, lutT 59901 (406) 7513-5510 This Form is for Subdivisions & Cottclottiirtittrrts Ortly F 0 , z. Q�q Qbaw4w e n I )A I F U-SC-P. QQ�CIear U, I )rijc ev--,P-gn5 PIM1,W)d ---Ph X-V—1, (T L',- 1 3a t 1993 11 IRU -a-QD_a &.I() I)AII A"N"SSt M 8 C)R`2 -� 1 315 I ltewhy cuttily that titt!tt, me itft mitstttrtdirm 11-no ; ,,ii t1w pw1wily assigm--cl the assessor itttrtrljf,rs listed ohme, for tho ,°t-M-) irtciic riled Im (,,ac i assessor fttjMhf!f-. 11oprtly 1 r itsttri!r (Soil) w U W �+ it FyFryry„WWy 0 S m m Cl W p o CD x X X I p v m 01 �t a �. cu a, 00 ca X X c c°u oj X-S�cT~ianf � 6) m m ' CDCD su n m cc to p cu X r r r r r r r ' IV LLu w "n {{ IV \ h Q A`? 0 v LL LJ I- Qi V J\ �4) _;�IV17 WIJcV �� 01/� �wii �1�.�road I � V Q 4� E� vl 3 O PLAT OF FL A THEA D VIL L A GE GREENSt PHA SE X VI A SUBDIVISION IN THE SI/2NWI/4 SEC. 32, T.291V, R.2/W., PM,,M, FLATHEAD COUNTY, MONTANA 9c" r:4& a sv av w r :CKLUM AVams, l " the City of GLACEEER S3' RADIUS TEMPORARY CUL-DE-SAC a-oarexs• _ f L1-0933'40' R 324, p0' (COS 4764! PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE To the County of Policy No. 7208926- CHICAGO TITLE INSURANCE COMPANY Flathead and the City of Kal i s pel 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 day of September 25 , 2003 at S o'clock P.M., the title to the described real estate was indefeasibly vested in fee simple of record in: Go Development, L.LFC., a Montana Limited Liability Company Now known as Flathead Village Greens L.L.C., a Nevada Limited Liability Company 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. Issued by, Kalispell, r-17 PhO,; Fiat Fax; lj CHICAGO TITLE INSURANCE COMPANY ATTEST 4 A SO —WY Reorder Form No. 9113 (Reprinted 12100) Preliminary Subdivision Certificate of Title For Use In Montana SCHEDULE A Page 2 Certificate No.: 7208926-1176 Our File No.: CG-37420 Being the legal description of the real estate covered by this certificate. The following -described parcels of real estate: A tract of land situated, lying and being in the South Half of the Northwest Quarter (SI/2NWI/a) of Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana and more particularly described as follows: Beginning at the NW corner of Lot 186, as shown on the Plat of Glacier Village Greens, Phase IV (records of Flathead County, Montana), to a point; thence North 22010' 08" East, a distance of 150.00 feet to a point; thence North 27°04'56" East, a distance of 78.72 feet to a point; thence South 58' 14' 12" East, a distance of 162.00 feet to a point on the Easterly R/W of a 60 foot road known as West Nicklaus Avenue, which is on a 320.00 foot radius curve, concave Southeasterly (radial bearing South 58°14' 12" East); thence Southwesterly, along said R/W and along said curve through a central angle of09°35'40" an arc length of 53.58 feet to a point; thence South 22° 10'08" West, a distance of 83.09 feet to a point; thence leaving said R/W South 67049'52" East, a distance of 102.00 feet to a point; thence South 22° 10'08" West, a distance of 65.00 feet to a point on the North boundary of said Plat of Glacier Village Greens, Phase IV, thence along said North boundary North 67°49' 52" West, a distance of 264.00 feet to the Point of Beginning. To Be Known as: FLATHEAD VILLAGE GREENS, PHASE XVI Page 3 Certificate No.: 7208926-1176 Our File No.: CG-3 7420 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 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. Taxes, charges and assessments of Village County Water and Sewer District, payable -with the general taxes. 5. Agreement for waterworks system, recorded July 14, 1906 under Recorder's Fee #3491, in Book 54, page 635, and agreement conveying said waterworks system, recorded March 6, 1915 under Recorder's Fee 9697, in Book 112, page 332, records of Flathead County, Montana. 6. Notice of Appropriation of Water Right, recorded August 24, 1936 under Recorder's Fee #2621, in Book 221, page 297, records of Flathead County, Montana. 7. Easement for transmission line and related purposes granted to Northwestern Telephone Systems, Inc., by instrument recorded November 8, 1985 as Document #8531211540, records of Flathead County, Montana. 8. Terms and provisions contained in the Articles of Incorporation of Glacier Village Greens, Subdivision Phase 1 Homeowners Association, Inc., and By -Laws of Glacier Village Greens Subdivision Phase 1, Homeowners Association, Inc., recorded November 17, 1988 as Document #8832213420, records of Flathead County, Montana. 9. Certificate of Inclusion of Additional Territory into Flathead County Water District #1 - Evergreen, and rules and regulations adopted thereby, recorded March 26, 1986 as Document #8608513410, records of Flathead County, Montana. 10. Village County Sewer District Levy of Assessment filed September 2, 1988 as Document #8824609380, records of Flathead County, Montana. 11. Terms and provisions contained in Agreement regarding the development of Glacier Village Greens, recorded October 5, 1989 as Document #8927811250, records of Flathead County, Montana. 12. Terms and provisions contained in lnterlocal Agreement regarding Flathead County Water & Sewer District No. 1 - Evergreen, filed October 25, 1990 as Document #9029809200, records of Flathead County, Montana. 13. Terms and provisions contained in lnterlocal Agreement regarding Sanitary Sewer for Evergreen Water and Sewer District, filed November 27, 1991 as Document #9133111370, records of Flathead County, Montana, 14. Terms and provisions contained in Resolution No. 4590 regarding annexation to the City of Kalispell, recorded November 2, 2001 as Document #200130609070, records of Flathead County, Montana. 15. A restricted easement for pedestrian and golf cart traffic only, over and across the roadway as it currently exists, reserved in instrument recorded March 13, 2002 as Document #200207216470, records of Flathead County, Montana, 16. Resolution No. 4761 regarding annexation, recorded December 31, 2002 as Document #200236511500, records of Flathead County, Montana. IT Utility easement certificate, a 55 foot radius temporary cul-de-sac, a 10 foot utility easement, a 20 foot utility easement and note as show on the unrecorded plat of Flathead Village Greens, Phase XV1. IS, No search has been .made for water rights and unpatented mining claims, and liability thereon is excluded from coverage of this Certificate. Tri-City Planning Office 17 Second Street East -- Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricityna centurytel.net www.tricityplanning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Tom Jentz, .Director Chris A. Kukulski City Manager SUBJECT Final Plat for Flathead Village Greens Subdivision Phase 16 MEETING DATE: November 3, 2003 BACKGROUND: This is a request for final plat approval of Flathead Village Greens 16. This phase contains 4 single-family lots on approximately 0.666 acres and is situated at the north end of West Nicklaus Avenue. The newly developed extension, of West Nicklaus which ends in a temporary cul-de-sac will be dedicated to the City of Kalispell. All of the work associated with the development of this subdivision has been completed except for boulevard seeding and street tree planting which are addressed in a subdivision improvements agreement, attached. The subdivision improvements agreement is secured by a bond in the amount of $2,532,50 which constitutes 125% of the cost of the required improvements. The preliminary plat for this subdivision was approved by the City Council on December 10, 2002 subject to 16 conditions. The applicant has complied with all conditions of approval and the attached subdivision has been found to be in substantial compliance with the State and City Subdivision Regulations. RECOMMENDATION: A motion to accept the subdivision improvements agreement in the amount of $2, 532.50 and approve the final plat for Flathead Village Greens, Phase 16 would be in. order. FISCAL EFFECTS: Potential minor positive impacts once developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, Tom. Jentz Chris A. Kukulski Director City Manager Report compiled: October 28, 2003 Attachments: Letter of transmittal Final plat application and supporting documents Providing Community Planning Assistance To: • City of Columbia Falls • City of Kalispell • City of Whitefish • Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centu rytel.net October 28, 2003 Chris Kukulski, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Glacier Village Greens Phase 16 Dear Chris: Our office has received an application from Sand Surveying for approval of the final plat for Glacier Village Greens Phase 16 which creates 4 single-family lots on approximately .951 acres at the north end of West Nicklaus Drive. The newly developed extension of West Nicklaus Drive ending in a temporary cul-de-sac will be dedicated to the City of Kalispell. All of the work associated with the development of this subdivision has been completed except for boulevard seeding and street tree planting which are addresses in a subdivision improvements agreement, attached. The subdivision improvements agreement is secured by a cashier's check in the amount of $ 2,532.50 which constitutes 125% of the cost of the required improvements. The preliminary plat for this subdivision was approved by the City Council on December 10, 2002 subject to 16 conditions. The following is a list of the conditions of preliminary plat approval and a discussion of how they have been met or otherwise addressed. COMPLUNCE 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. This condition, has been met. The configuration of the lots, roadways and open space areas are in substantial compliance with the approved preliminary plat. Conditions, 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. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish • Final. Plat for Glacier Village Greens Phase 16 October 28, 2003 Page 2 + This condition has been adequately addressed per letter of certification from the applicants engineer Paul Wells in a letter dated October 3, 2003 to Frank Castles, Kalispell Public Works. In addition please find attached a letter dated October 16, 2003 from Assistant City Engineer Frank Castles verifies completion and acceptance of the work except for street trees and re -seeding the boulevard. Note that the applicant has coordinated his plans with the Parks Director and purposes bonding for these items. These items are included in a subdivision improvements agreement. Condition No. 3. That a letter be obtained from the Kalispell Public Works Department approving the sewer and drainage facilities for the subdivision. • This condition has been adequately addressed per letter of certification from the applicants engineer Paul Wells in a letter dated October 3, 2003 to Frank Castles, Kalispell Public Works. In addition please find attached a letter dated October 16, 2003 from Assistant City Engineer Frank Castles verifies completion and acceptance of the work. Condition No. 4. That a geotechnical analysis of the slope areas to the north and to the west of the proposed subdivision be performed that insure the stability of the slope and identify any potential for failure due to development of the subdivision or other construction that might occur. The report shall be submitted to the Kalispell Public Works Department for their review and approval. This condition has been complied with. A slope stability analysis report was completed by GMT Consultants, Inc. of Missoula has been submitted to this office. A copy has been forwarded to the Kalispell Public Works Department and to the city building department. The report does note that the slope in question is presently stable but that additional materials should not be removed from the toe of the slope and particularly lots 2, 3 and 4 should have houses that are designed into the toe of the slope as opposed to major excavations to remove the slope. 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 per letter dated February 25, 2003 from Assistant City engineer Frank Castles. Condition No. 6. That the developer obtain a letter from the Evergreen Water District or their engineer approving the water main extension and certifying that any necessary improvements have been completed. • This condition has been met per letters from Roberta Struck, Evergreen Water and Sewer District Manager dated March 12, 2003 approving the design and letter dated October 16, 2003 certifying installation and completion. Condition No. 7. 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. Final Plat for Glacier Village Greens Phase 16 October 28, 2003 Page 3 • This condition has been met per letter from Fire Marshall Jim Stewart dated October 22, 2003. Condition No. 8. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. • This condition has been met as the project will continue to use previously installed and approved facilities on -site. Condition No. 9. 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 per letter of certification from the applicants engineer Paul Wells in a letter dated October 3,2003 to Frank Castles, Kalispell Public Works. In addition please fund attached a letter dated October 16, 2003 from Assistant City Engineer Frank Castles that verifies completion and acceptance of the work. Condition No. 10. That the parkland dedication requirements shall be met by recognizing the existing park and parking; improvements as well as open space within the development. • This condition has been through previous parkland donations and existing parkland open space designations. Condition No. 11. All utilities shall be installed underground. • This condition has been met per site inspection and per letter from Assistant city Engineer Frank Castles dated October 16, 2003. Condition No. 12. 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 per letter from Fire Marshall Jim Stewart dated October 22, 2003. Condition No. 13. 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 addressed. The only remaining activities to complete are seeding of the boulevards and installation of street trees. Both are addressed in the attached subdivision improvements agreement and associated bond. Condition No. 14. All areas disturbed during development of the subdivision shall be re -vegetated with a -reed-free mix immediately after development. Final Plat for Glacier Village Greens Phase 16 October 28, 2003 Page 4 This condition has been adequately addressed. The applicant is in the process of re- seeding the disturbed areas but has not completed the activity. This project is included in the attached subdivision improvements agreement. Condition No. 15. That the boundaries of the 100-year floodplain be established and delineated on the final plat. • This condition is not applicable to this plat as the nearest floodplain is several hundred feet away. Condition No. 16. That the preliminary plat is valid for a period of three years from the date of approval with a three-year extension as the final plat for each phase is filed. This condition has been met. The preliminary plat was filed on December 10, 2002. The final plat was filed prior to the expiration date and in substantial compliance with the subdivision regulations. 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 December 10, 2002. 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 which governs the dimensional requirements of the lots within the subdivision and well as the uses within the various areas of the development. 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 and execute the attached subdivision improvements agreement. Please schedule this matter for the regular City Council meeting of November 3, 2003. Sincerely, Thomas R. Jentz Director TJ/sm Attachments: 1 opaque mylars of final plat 1 reproducible Mylar of final plat 1 copy of final plat Ltr from Sands Surveying dated 10/22/03 Final plat application dated 10 / 21 / 03 Letter from DEQ (EQ#03-2287) dated 3/21/03 Final Plat for Glacier Village Greens Phase 16 October 28, 2003 Page 5 Letter from Richard Montgomery, Flathead city county Health Dept. dated 4 / 9 / 03 Letters from Evergreen Water 8s Sewer Dist. dated 3/ 12/03 10/16/03 Letters from Paul Wells, PE dated 10 / 3 / 03 & 9 / 30 / 03 Letters from Frank Castles, Assistant City Engineer dated 2/25/03 and 10/16/03 Letter from Jim Stewart, City Fire Marshall dated 10 / 22 / 03 Slope Stability Evaluation by GMT Consultants dated 3-17-03 Title report Sterling Title Services dated 9/25/03 (7208926-1176) Treasurers Certification dated 3/11/03 Subdivision Improvements Agreement dated 10/28/03 Cashier's Check in the amount of $ 2,532.50 c: Sands Surveying, 2 Village Loop, Kalispell, MT 59901 Owl Corp, 500 Palmer Drive, Kalispell, MT 59901 Theresa White, Kalispell City Clerk SUBDIVISION E"ROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this _�b day of `- - , 20 by as between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY and MARK OMENS OF OWL CORPORATION located at Sal PALMER DRIVE KAMPILL MT 59901 Party of the Second Part and hen inafter referred to as DEVELOPER WITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as FLATHEAD VILLAGE GREENS PHASE 16, located at EAST NICE I.AUS and, WHEREAS, the City has conditioned its approval of the final plat of FLATHEAD VII,I..AGE GREENS PHASES 14-22 . upon the conditions as set forth in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A°'; and WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit B"; and WHEREAS, the estimated teal cost of construction of said improvements is the sum of 2026.00 NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: The Developer shall deposit as collateral with the City a Letter of Credit, or other actable collateral as determined by the KALISPELL CITY COUNCIL, in the amount of $ 2532.50 . Said Letter of Credit or other collateral shall have an expiration date of at least sixty (60) clays following the date set for completion of the improvements, certifying the following: a. That the creditor guaranteed funds in the sum of $ 2532.50 the estimated cost of completing the required improvements in FLATHEAD VILLAGE GULNS, PHASE .16 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; That said required improvements shall be fully completed by JUNE 1 2004 3. That upon completion of the required irnprovemments, 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 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 nWrovenients 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 surmharges have been paid 4. The Developer shall cause to be filed with the City copies of final plans, profiles, gees and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that to the best of his knowledge, inprovements have been installed in general conformance with said specifications. IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT: That the Developer, upon request, shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision lmprovement 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 00n9truct 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 constnrct the improvement or irinprovements inaccordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the Ming institution, as is date. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. FIATHEAD VILLAGE GREENS, PHASE 16, MARK OWENS OF OWL CORPORATION (Name of subdivision(Developer/Firm) by: (Title) The subdNid er shall warrant the design, construction materials and workmanship of the improvements against any failure or defect m design, construction, material or mrknianship which is chscovered no more than one (T) year from the date of STATE OF MONTANA, COUNTY OF FLATHEAD On this c:fi` r'` %�' .�`��.• ;�9'�" efore mew Notary T'trblic for the State of Montana, personally appeared foregaing instnrment and acknowledged to me that he e�:ecuted the same. IN yK "ESS WHEREOF] have reunto set my hand and affixed my NotaSeal this day and year first above written. i i `_ `+1091019,'1 N liblid for e S of Montana "s�P • ....l..., R sidrn at g SAL � s My Commission Expires r KALISPELL CITY COUNCIL ATTEST: TITERSEA WHITE CriY CLERK By: by: MAYOR EXH BTT A Conditions of Approval as set forth by Kalispell City Council W11/lW ENGINEERING, , PC Pain Wet% PE Prllluipal Engineer October 27, 2003 Mayor and Uity Council Members City of Kalispell PC) Box 1997 Kalispell, Montana 59903-1997 Dear Mr. Mayor and City Council Members: Consuifing Engineers 64 West Second Street Whitefish, Montana 59937 Phone (406) 862-7826 Fax (406) 862-7827 Re: Glacier Village r zreens, Phi 16 Please accept this letter as an engineer's estimate for work remaining to be accomplished at the above pNject. Landscaping in the boulevard area is all that is required. The estimated cost is as follows: $ Trees @, $200 each $1600 Seeding and mulching 1704 8 L .25 per foot 5 426 Estimated Cost of Completion $2026 Should you have any questions please call. .. S iracurcly; 1?u1,L. Wells Page A-25 - Appendix Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana. t This agreement specifically includes the following; improvements, their projected construction completion date and estimated construction costs. CHECK CONSTRUCTION ESTIMATED APPROPRIATE COMPLETION CONSTRUCTION IMPROVEMENTS Street GmdinePaving Street Base Sidewalks Curbs and Gutters Sanitary 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 Suns Street Luting Street Monuments Survey Monument Boxes Landscaping Other ( ) f TOTAL COLLATERAL (TOTALS COSTS X 125%) DATE :F. TOTALS COSTS COSTS Preliminary Plat for Glacier Village Greens Phases 14 - 22 December 10, 2002 Page 3 ATTACHMENT A PRELIMINARY PLAT FOR GLACIER VILLAGE GREENS PHASES 14 THROUGH ROUGH 22 CONDITIONS OF APPROVAL AS'"RECOMMENDED BY THE HALISPELL CITY PLANNING BOARD NOVEMBER 12, 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 November 12, 2002 planning board meeting: 1. Development of the subdivision shall be platted in substantial compliance with the approved -prelim nary 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 Moritan berti:fying, that the improvements have been installed according to the required specifications snaii 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 a letter be obtained from. the Kalispell. Public Works Department approving the sewer and drainage facilities for the subdivision. 4. That a geotechnical analysis of the slope areas to the north and to the west of the proposed subdivision be performed that .ire the stability of the slope and identify any potential for failure due to development of the subdivision or other construction that might occur. The report shall be submitted to the Kalispell Public Works Department for their review and approval. 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. b. That the developer obtain a letter from the Evergreen Water District or their engineer approving the water main extension and certifying that any necessary improvements have been completed. Preliminary Plat for Glacier Village Greens Phases 14 - 22 December 10, 2002 Page 4 7. The road within the subdivision shad be named and signed in accordance with the policies of the Kalispell Public WoTks�Department andAhe Uniform Traffic Control Devices Manual and be subject _ tc> review and approval of the Kalispell Fare Department. 8. The developer shall provide a letter frorra the U.S. Postal Service approving the plan for mail service. 9. Street lighting shall be locateckhthin the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. 10. That the parkland dedication requirements shall be met ,by recograiz�ag the e7dsting park and parking improvements as well as open. spa'thin the development. 11. All utilities shall be i.ns alled undeTgr_o rad. 12. That tie fire access and suppression. system -comply with. the_ U ifarm Fire_ Code and-. letter from the Kalispell Fire Department -approving the .access and -number and placement. of fire hydrants, wat3in .the subdivision as well as fire _flours and access shall be submitted with they..final. ,.plat The - fire access .and suppression system shall be installed and Approved by the fire department prior to: -final- plat approval.. . 13, That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 14. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. is. ' That the boundaries of the .100 f ear flood lair be established and delineated on the final. plat... . 16. That preliminary approval shall be valid for a period of three years from the date of approval with a three year extension as the final plat for each .phase is filed. Montana Department of ICI jcANvmoNmENTALQuALrrYJudy Martz, Governor P.O. Box 200901 • Helena, MT 59620-0901 • (406) 444-2544 - www.decl.state.mCus March 21, 2003 WMW Engineering PC Lee Griswold '50 WestSecondSt YVTh I-LeI Ish M T 590Y3 i Dear Mr Griswold: RE: Glacier Village Greens Phase 16 Municipal Facilities Exclusion EQ##03-2286 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 {76-4-111 (3), MCA}. Construction of water or sewer extensions prior to 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, t �f i' .net Skaarland Compliance Technician Subdivision Section Water Protection Bureau (406) 444-1801 — email jskaarland@state.t.us cc: City Engineer, City ofKalsipell County Sanitarian file Centralized Services Division • Enforcement Division • permitting & Compliance Division • Planning, Prevention & Assistance Division - Remedia€ion Division Environmental Health Services 1035 First Avenue West Kalispell, MT 59901 (406) 751-8130 Fax: 751-8131 Wednesday, April 09, 2003 Lee J. Griswold WMW Engineering 50 W. 2 nd. St. Whitefish, MT, 59937 Pe: Glacier Village Greens, Phase 16, Water & Sewer Mainz Ext-, Kalispell, .Proj. # FH-03-04 Dear Lee, Administration 751-8101 FAX 751-8102 Community health Services 751-8110 FAX 751-8111 Reproductive Health Services 751-8150 FAX 751-8151 VVIC Services 751-8170 FAX 751-8171 The plans with specification notes, certified checklist and required documents for the above referenced project have been reviewed by this office and are satisfactory. Approval to proceed with the project is hereby given. One set of the approved plans is enclosed. This project includes installation of water and sewer main extensions as shown on plans prepared by WMW Engineering and received by this office on 3/31103. The plans were submitted under the seal and stamp of Paul WellF, # 7378 E. Apt rival is given with the understanding that any deviation from the approved plans and specifications will be subtr.,tted to the department for review and approval. Prior to commencing use of any portion of a new public system, the owner or his engineer, shall certify by letter to the Department that the portion of the system to be put into use was built in accordance with approved plans and specifications. As -built drawings for the portion of the system put into use must be provided to the Department within 90 days after the date of initial use. Within 90 days after the entire 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 record as built drawings of the entire project, signed by the project engineer. It is further understood that construction will be completed within three years following the date of approval. If more than three years elapse before completing construction, plans and specifications must be resubmitted and approved before construction begins or resumes. This three year expiration period does not extend any compliance schedule requirements associated with a Department enforcement action against a public water or sewage system. Please contact this office if you have any questions. Sin f ely, Richard T. Montgomery, P. Environmental Engineer copies to: Water Quality Division- Helena & Kalispell City of Kalispell, Dept. of Public Works Flathead County Water and Sewer District 41, Evergreen It is the mission of the Flathead City -County Health Department to assure the conditions in which people can be healthy through collaboration, promoting stewardship of our resources, and providing preventive health services to our community. ater 8 Sewer jet 1 "I CO 130 Nicholson Drive • Kalispell, MT 59901 Phone: (406) 257-5861 Fax: (406) 756-1566 March 12, 2003 WMW Engineering 50 West Second St. Whitefish, MT 59937 AttE{ �= t:U__. FCC Gris,v^ld Dear Lee: The plans you provided for a water main extension to serve phases 15 and 16 of Glacier Village Greens were reviewed and approved by the Board of Directors at the regular board meeting held on March 12, 2003. 1 will prepare a main extension agreement and get that to you for signatures. Sincerely, r � Roberta Struck District Manager ,,�, ater & Sewer DzStr. cr 130 Nicholson Drive a Kalispell, MT 59901 Phone: (40£) 257-5861 Fax: (406) 756-1588 October 16, 2003 WMW Engineering 50 West Second St. Whitefish, MT 59937 Attention: Lee Griswold Dear Lee: This is to certify that the water main extension for Glacier Village Greens Phase 16 has been completed. The main and appurtenances will be under warranty by the developer for a period of two years as per the extension agreement. Sincerely, Roberta Struck District Manager Cc: Sands Surveying M W ENV INEL ! i t Y V Y V, PC Paul Wells, P.E. Principa[ Engineer September 30, 2003 Mr. Frank Castles, PE Public Works Department City of Kalispell PO Box 1997 Kalispell, Montana 59903 Re: Village Greens, Phases 15 and 16 Dear Frank, Consulting Engineers 50 West Second Street Whitefish, Montana 59937 Phone (406) 862-7826 Fax (406) 862-7827 This letter is to document that on Nlonday, September 29, 2003, you and I had a site visit at Phases 15 and 16 of Village Greens to inspect the recently constructed sidewalks. As had been previously discussed, portions of the sidewalk would encroach upon the five-foot boulevard. On Phase 16, the sidewalk on the east side of the road is deflected around an existing tee box at the north end, and a three-phase electrical vault on the south end. On Phase 15, the sidewalk on the east side is deflected around three-phase electrical vaults at both the north and south end, and on the west side it is slightly deflected at the south end to miss the existing telephone and electrical service pedestals. It was our common opinion that this sidewalk placement would not impair the functionality of the road, sidewalk, and boulevard areas. As future phases develop, it is anticipated that the likelihood of encountering these obstructions will be lessened. Sincerely, Lee Griswold cc. Mark Owens y City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 October 16, 2003 WMW Engineering, PC 50 West Second Street Whitefish, Montana 59937 Attention: Lee Griswold RE: Village Greens, Phase 16 Kalispell, Montana Dear Lee: The Public Works Department concurs with the changes in the boulevard width as outlined in your letter dated October 3, 2003. We have examined the referenced project site and performed the video examination of the sanitary sewer lines. Upon completion of the following items, the project will be considered complete and meeting the intent of the current city standards: 1. Receipt of one set of the record drawings. 2. Boulevard and disturbed areas seeded and trees planted. If you have any questions, please do not hesitate to contact this office. Sincerely Frank Castles, P.E. Assistant City Engineer WMW ENGINEERING, PC. Paul Wells, P.E. Principal Engineer October 3, 2003 Mr. Frank Castles, PE Public Works Department City of Kalispell PO Box 1997 Kalispell, Montana 59903 Re: Village Greens, Phases 16 Dear Frank, Consulting Engineers 50 West Second Street Whitefish, Montana 59937 Phone (406) 862-7826 Fax (406) 862-7827 This letter is to certify that the required improvements for the roadways, sewer and water have been installed in substantial compliance with the approved plans and specifications with the following exceptions: I. The boulevard width varies at several locations in order for the sidewalk to miss an existing electrical vault and Qolf tee box. 2. The boulevard and disturbed areas have yet to be seeded, and trees need to be planted- 3. The lots need to be elevated accardim. to the drainage plan. This will be done in stages as fil generated from nearby building construction is deposited on the lots. Top of building foundations will be required to be eighteen inches higher than the top of curb, which will insure the necessary fill placement and drainage. In order to complete the necessary requirements for final subdivision filing we will need a letter of approval from the City. Should you have any questions please call, City of Kalispell. Public ,Works Department - - Post office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)75 8-783 1 February 25, 2003 Dick Montgomery, P.E. Environmental Health Services Flathead City -County Health Department 1035 First Avenue Vilest Kalispell, Mt. 59901 Re: Glacier Village Greens, Phase 16 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 Paul L. Wells, P.E., for the referenced project. The Kalispell sanitary sewer system has adequate capacity to serve the project. Please feel free to call if you have any questions. Respectfully, AA Frank Castles Civil Engineer cc: Paul L. Wells, P.E. KA.LISPELL .FIRE DEPARTMENT Randy Brodehl - Fire Chief Jim Stewart - Assistant Chief/Prevention Dee McCloskey — Assistant Chief'Operations October 22, 2003 Sands Surveying 2 Village Loop Kalispell, MT 59901 Attn: Erica Wirtaia Re: Final plat approval — Glacier Village Greens Phase 15 & 16 Dear Erica, 312 First Avenue East Kalispell, Montana 59901 (406)758-7760 FAX: (406) 758-7952 In response to your request for final plat approval of the above -reference project we have the following information. Fire hydrant locations and fire department access is approved by this department. It is our understanding that fire flow testing by the Evergreen Water Department indicates adequate flows as required by the Uniform Fire Code. All requirements from our department for Phase 15 and 16 have been met. Please contact me if you have any questions. Sincerely, Jim Stewart Assistant Fire Chief/Fire Marshal Kalispell Fire Department cc: Tom Jentz, Tri-City Planning Office .Assisting our community in reducing, preventing, and mitigating emergencies. " SS- rr M CONSULTANTS, fNC.� P.O. 7847 Missoula, Montanaa 59807 TEL: (406) 721-2182 GEOTECHNICA(� ENGINEERING FAX: (406) 543-4220 CONSTRUCTION MATERIALS TESTING March 17, 2003 Mr. Lee Griswold WMW Engineering, PC 50 West Second Street Whitefish, Montana 59937 RE: Slope Stability Evaluation Proposed Glacier View Greens Phases 16 & 22 Kalispell, Montana Dear Mr. Griswold: Pursuant to your request, we have completed our slope stability analysis of the above referenced project site. The purpose of our analysis has been to determine the stability of the existing slopes adjacent to the Westerly side of Phase 16 and adjacent to the Northerly side of Phase 22. Our analysis and recommendations are based on the topography on the Preliminary Plat of Glacier Village Greens, Phases 14-22, dated October 28, 2002 and on additional topography which we were supplied by Sands Surveying, Inc. in March 2003. The following is a summary of our investigation, conclusions, and recommendations. Investigation The project site is located in Section 32, T. 29N, R. 21 W., to the North and East of Kalispell, Montana. The subdivision lots are primarily located on a relatively flat area with a slight downward slope to the South. The topography data, which you supplied, indicates that the bluffs to the West of Phase 16 and to the North of Phase 22 rise to approximately 80 feet elevation above the elevation of the subdivisions lots. The existing slopes increase from a slope of approximately 10 feet horizontal per I foot vertical at the bottom of the bluffs to a maximum slope of 2 feet horizontal per 1 foot vertical near the top of the bluffs. We visited the site in January, 2003 to view the slopes and observe the soil types.. The ground was mostly frozen, but we were able to determine that the primary soil type was sandy silt. We looked for evidence of elevated levels of moisture, indicating possible water bearing soil lenses and did not identify any. Additionally, you supplied a number of photographs of the site taker. in late fall, 2002 and the photographs did not show areas of obvious elevated moisture. Mr. Lee Griswold March 17, 2003 Page 2 of 2 Analysis The slopes along the two subject portions of the site are presently at a maximum of 2:1 slope and appear stable. No evidence of slope instability, slope raveling, or tension cracks was observed. We performed stability analysis of three slope cross -sections (x-sections 1, 2, & 3) using the computer program XSTABL. The critical slopes were analyzed utilizing CIRCULAR -ARC failure search routines for an assumed wet condition. A friction angle of 28 along with a cohesion value of 200 pounds per square foot (psf) was used for the native soils. The results of our analyses indicate critical factors of safety in excess of 1.5 for the slopes. The factor of safety represents the relationship of the forces resisting sliding divided by the forces causing sliding. Conclusions: We feel that the existing slopes adjacent to the lots on these portions of the development are in a stable condition and do not present a risk of slope failure. However, removing large amounts of the soil at the base of the slopes or increasing the grade of the slopes could decrease the stability, and increase the possibility of slope failure. Recommendations: We recommend that only minimal amounts of soil be removed from the base of the slope for house construction. In lots 3, 4, and 5 of Phase 16, where the slopes extend out into the lots, we recommend that if possible the houses be designed to conform to the slope, rather than cutting the base of the toe out to create a generally flat lot. We also recommend that the surface vegetation on the slopes be left intact to minimize the possibility of the minor surface mudflows. We recommend that any grading plans for the Iots provide for diverting any surface flow from the slopes away from the houses. Particular attention should be paid to any draws such as that above the lot line between lots 3 & 4. Under the right conditions these types of draws could carry significant runoff water. Please contact us if you have any questions regarding the above recommendations. We appreciate the opportunity to be of service to you. Respectfully submitted, William W. Weikel, PE Engineering Project Manager Attachments ONTA 2 Village Loop Kalispell, MT 59901 406-755-6481 Fax 406-755-6488 October 22, 2003 Torn Jentz, Director Tri-City Planning Office 17 Second Street East, Suite 211 Kalispell, MT 59901 RE: Flathead Village Greens Phases XV and XVI Dear Tom: 11 Attached please find the materials required for the review of Flathead Village Greens Phases XV and XVI final plats. This was granted preliminary plat approval on December 10, 2002 and will expire on December 10, 2005. The following is the list of Conditions of Subdivision Approval and how each Condition was met. 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. The final plats submitted for Phases XV and XVI are in substantial compliance with the approved preliminary plat 2. That the roadways serving the subdivision shall be constructed in accordance with the adapted 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 place in accordance with a plan approved by the Parks and Recreation director. A letter from an engineer licensed in the State on 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. Please refer to the attached letters from i1fYMW Engineering and the City of Kalispell, Department of Public Works. 3. That a letter be obtained from the Kalispell Public Works Department approving the sewer and drainage facilities for the subdivision. Please refer to the attached letter. 4. That a geotechnical analysis of the slope areas to the north and to the west of the proposed subdivision be performed that pertain to the stability of the slope and identify any potential for failure due to development of the subdivision or other construction that might occur. The report shall be submitted to the Kalispell Public Works Department for their review and approval. Attached is a geo-technical report from GMT Consultants, Inc., with their recommendations for lots 3,4 and 5 of Phase XVi. 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. Refer to letters from the Kalispell Public Works Department and the Department of Environmental Quality. 6. That the developer obtain a letter from the Evergreen Water District or their engineer approving the water main extension and certifying that any necessary improvements have been completed. Please see attached letter from the Evergreen Water District. 7. 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 Eire Department. Please refer to the attached letter from the Kalispell Public Works Department and the Kalispell Fire Department. S. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. These phases will utilize existing, pre -approved mail facilities. 9. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. Please refer to the attached letter from the Kalispell Public Works Department and WMW Engineering stating that all improvements are in place. 10. That the parkland dedication requirements shall be met by recognizing the existing park and parkland improvements as well as open space within the development. As stated. 19. AJJ utilities small be installed underground. All utilities have been installed underground. IZ 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 Please refer to the attached letter from Jim Stewart of the Kalispell Fire Department Fire flows were measured by Evergreen Water and 1 have attached those figures. 13. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. All of the improvements except for the planting of grass and street trees have been completed. Refer to the attached engineer's letter. 14. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. All areas will be re -seeded as per agreement with Parks and Recreation. This will be done in conjunction with the planting of street trees. 15. That the boundaries of the 1 oQ-year floodplain be established and delineated on the final plat. These two phases of Flathead Village Greens are not near the 100 year ftoodplain. 16. That preliminary plat approval shall be valid for a period of three years from the date of approval with a three year extension as the final plat for each phase is filed. The preliminary plat is filed before the expiration deadline. Thank you for your kind attention to these final plats. Please feel free to call should you have questions, concerns or require additional information. Sincerely, k�ca Wirtala Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 FINAL PLAT APPLICATION Project Name:— FLATHEAD VILLAGE GREENS PHASE 16 Contact Person: Name: TOM SANDS,. SANDS SURVEYING, INC. Address: 2 VILLAGE LOOP KALISPELL, MT 59901 Phone No.: 755-6481 Date of Preliminary Plat Approval: DECEMBER 10, 2 02 Owner & Mailing Address: Type of Subdivision: Residential XX Industrial —Commercial _PUD Other 21 No. of Lots Proposed 4 Parkland (acres) Ili/A ED Land in Project (ac.) 0.951 Cash -in -Lieu RECEIV Exempt OCT FILLING FEE ATTACHED $620.00 Minor Subdivision with approved preliminary plat $300N-fi$30/lot Major Subdivision with approved preliminary plat $500 4"tW/lot Subdivisions with Waiver of Preliminary Plat $500 + $30/lot Subdivision Improvements Agreement $ 50 Not Attached 8pplicable MUST CHECK ONE) Health Department Certification (Original) Title Report (Original, not more than 90 days old) _XX_ Tax Certification (Property taxes must be paid)1) -2m- Consent(s) to Plat (Originals Originals and notarized) _XX_ Subdivision Improvements Agreement (Attach collateral) _XX_ Parkland Cash -in -Lieu (Check attached) Mc- Maintenance Agreement Plats: lopaque OR 2 Wars I Mylar copy i 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 haw 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 of date of the preliminary plat. When all application materials are submitted to the Tri-City Planning Off -ice, and the stafffinds 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 fomarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the Planning Board. I ccrtffi, that all information 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 and Recorder requests that all subdivision final plat applications be accompanied with a digital copy. d- er(s) Signature **A digital copy of the final plat in a Drawing Interchange File (DX) formal or an AuIoCAD file format, consisting of the following layers-. I. Exterior bounda, of subdivision 2. Lot or park boundaries 3. Eastment 4. Roads or rights-Of-wa-v- 5. A tie to either an existing subdivision corner or a corner of the public land survey sytem As approved by the TUB on 12/19/01 Effective 111102 Plat Room HaLlteafl C.outtty, fviottMIM 800 S. Malt) St. Kalispell, lutT 59901 (406) 7513-5510 This Form is for Subdivisions & Cottclottiirtittrrts Ortly F 0 , z. Q�q Qbaw4w e n I )A I F U-SC-P. QQ�CIear U, I )rijc ev--,P-gn5 PIM1,W)d ---Ph X-V—1, (T L',- 1 3a t 1993 11 IRU -a-QD_a &.I() I)AII A"N"SSt M 8 C)R`2 -� 1 315 I ltewhy cuttily that titt!tt, me itft mitstttrtdirm 11-no ; ,,ii t1w pw1wily assigm--cl the assessor itttrtrljf,rs listed ohme, for tho ,°t-M-) irtciic riled Im (,,ac i assessor fttjMhf!f-. 11oprtly 1 r itsttri!r (Soil) w U W �+ it FyFryry„WWy 0 S m m Cl W p o CD x X X I p v m 01 �t a �. cu a, 00 ca X X c c°u oj X-S�cT~ianf � 6) m m ' CDCD su n m cc to p cu X r r r r r r r ' IV LLu w "n {{ IV \ h Q A`? 0 v LL LJ I- Qi V J\ �4) _;�IV17 WIJcV �� 01/� �wii �1�.�road I � V Q 4� E� vl 3 O PLAT OF FL A THEA D VIL L A GE GREENSt PHA SE X VI A SUBDIVISION IN THE SI/2NWI/4 SEC. 32, T.291V, R.2/W., PM,,M, FLATHEAD COUNTY, MONTANA 9c" r:4& a sv av w r :CKLUM AVams, l " the City of GLACEEER S3' RADIUS TEMPORARY CUL-DE-SAC a-oarexs• _ f L1-0933'40' R 324, p0' (COS 4764! PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE To the County of Policy No. 7208926- CHICAGO TITLE INSURANCE COMPANY Flathead and the City of Kal i s pel 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 day of September 25 , 2003 at S o'clock P.M., the title to the described real estate was indefeasibly vested in fee simple of record in: Go Development, L.LFC., a Montana Limited Liability Company Now known as Flathead Village Greens L.L.C., a Nevada Limited Liability Company 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. Issued by, Kalispell, r-17 PhO,; Fiat Fax; lj CHICAGO TITLE INSURANCE COMPANY ATTEST 4 A SO —WY Reorder Form No. 9113 (Reprinted 12100) Preliminary Subdivision Certificate of Title For Use In Montana SCHEDULE A Page 2 Certificate No.: 7208926-1176 Our File No.: CG-37420 Being the legal description of the real estate covered by this certificate. The following -described parcels of real estate: A tract of land situated, lying and being in the South Half of the Northwest Quarter (SI/2NWI/a) of Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana and more particularly described as follows: Beginning at the NW corner of Lot 186, as shown on the Plat of Glacier Village Greens, Phase IV (records of Flathead County, Montana), to a point; thence North 22010' 08" East, a distance of 150.00 feet to a point; thence North 27°04'56" East, a distance of 78.72 feet to a point; thence South 58' 14' 12" East, a distance of 162.00 feet to a point on the Easterly R/W of a 60 foot road known as West Nicklaus Avenue, which is on a 320.00 foot radius curve, concave Southeasterly (radial bearing South 58°14' 12" East); thence Southwesterly, along said R/W and along said curve through a central angle of09°35'40" an arc length of 53.58 feet to a point; thence South 22° 10'08" West, a distance of 83.09 feet to a point; thence leaving said R/W South 67049'52" East, a distance of 102.00 feet to a point; thence South 22° 10'08" West, a distance of 65.00 feet to a point on the North boundary of said Plat of Glacier Village Greens, Phase IV, thence along said North boundary North 67°49' 52" West, a distance of 264.00 feet to the Point of Beginning. To Be Known as: FLATHEAD VILLAGE GREENS, PHASE XVI Page 3 Certificate No.: 7208926-1176 Our File No.: CG-3 7420 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 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. Taxes, charges and assessments of Village County Water and Sewer District, payable -with the general taxes. 5. Agreement for waterworks system, recorded July 14, 1906 under Recorder's Fee #3491, in Book 54, page 635, and agreement conveying said waterworks system, recorded March 6, 1915 under Recorder's Fee 9697, in Book 112, page 332, records of Flathead County, Montana. 6. Notice of Appropriation of Water Right, recorded August 24, 1936 under Recorder's Fee #2621, in Book 221, page 297, records of Flathead County, Montana. 7. Easement for transmission line and related purposes granted to Northwestern Telephone Systems, Inc., by instrument recorded November 8, 1985 as Document #8531211540, records of Flathead County, Montana. 8. Terms and provisions contained in the Articles of Incorporation of Glacier Village Greens, Subdivision Phase 1 Homeowners Association, Inc., and By -Laws of Glacier Village Greens Subdivision Phase 1, Homeowners Association, Inc., recorded November 17, 1988 as Document #8832213420, records of Flathead County, Montana. 9. Certificate of Inclusion of Additional Territory into Flathead County Water District #1 - Evergreen, and rules and regulations adopted thereby, recorded March 26, 1986 as Document #8608513410, records of Flathead County, Montana. 10. Village County Sewer District Levy of Assessment filed September 2, 1988 as Document #8824609380, records of Flathead County, Montana. 11. Terms and provisions contained in Agreement regarding the development of Glacier Village Greens, recorded October 5, 1989 as Document #8927811250, records of Flathead County, Montana. 12. Terms and provisions contained in lnterlocal Agreement regarding Flathead County Water & Sewer District No. 1 - Evergreen, filed October 25, 1990 as Document #9029809200, records of Flathead County, Montana. 13. Terms and provisions contained in lnterlocal Agreement regarding Sanitary Sewer for Evergreen Water and Sewer District, filed November 27, 1991 as Document #9133111370, records of Flathead County, Montana, 14. Terms and provisions contained in Resolution No. 4590 regarding annexation to the City of Kalispell, recorded November 2, 2001 as Document #200130609070, records of Flathead County, Montana. 15. A restricted easement for pedestrian and golf cart traffic only, over and across the roadway as it currently exists, reserved in instrument recorded March 13, 2002 as Document #200207216470, records of Flathead County, Montana, 16. Resolution No. 4761 regarding annexation, recorded December 31, 2002 as Document #200236511500, records of Flathead County, Montana. IT Utility easement certificate, a 55 foot radius temporary cul-de-sac, a 10 foot utility easement, a 20 foot utility easement and note as show on the unrecorded plat of Flathead Village Greens, Phase XV1. IS, No search has been .made for water rights and unpatented mining claims, and liability thereon is excluded from coverage of this Certificate.