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3. Final Plat - Village Greens Phase XIIREPORT TO: FROM: SUBJECT: MEETING DATE; Tri-City Planning Office 17 Second Street East— Suite 211 Kalispell, Montana 59901. Phone: (406) 751-1850 Fax: (406) 751-1858 Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Final Plat Approval for Glacier Village Greens Phase XII November 18, 2002 BACKGROUND: This is a final plat for Glacier Village Greens Phase XII which is a minor subdivision that creates two parent tracts for two duplex townhouses for a total of four sub lots on approximately 0.604 of an acre. The property is located on the north side of Ritzman Lane between Palmer Drive and East Nicklaus Drive in the Glacier Village Greens Golf Course development. The developer intends to build a model home and move the office from its current location on East Nicklaus Drive. The area is served by Evergreen water and City of Kalispell sewer via North Village Sewer District and the mains are located in the Ritzman Lane right-of-way. The utilities are in place including a fire hydrant which is located to the west of proposed Lot 1A. Concurrent with the final plat application, this property is being annexed into the city of Kalispell and given a zoning designation of R-4, Two Family Residential, consistent with the zoning in the rest of Glacier Village Greens that has been annexed to the city. Our office waived the preliminary plat subject to five conditions on October 18, 2002 because it has been found that the subdivision can meet the criteria for preliminary plat approval waiver as outlined in Section 2.06 of the Kalispell Subdivision Regulations. Findings of fact for approval of the plat are found in attached staff report KWP-02-2 which review the conditions of approval and a how they have been met. RECOMMENDATION: Adoption of the staff report KWP-02-2 as findings of fact and approval of the final plat would be appropriate. FISCAL EFFECTS: Potentially minor positive effects. ALTERNATIVES: As suggested by the city council. 14 nAl 1 Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Providing Community Planning Assistance To: City of Kalispell - City of Whitefish - City of Columbia Falls Final Plat for Glacier Village Greens Phase XII November 13,2002 Page 2 Report compiled: November 13, 2002 c: Theresa White, Kalispell City Clerk attachments: Transmittal letter and application Staff report KWP-02-2 Plats H: \... \KWP-01-1 Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 November 13, 2002 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 RE: Final Plat Approval for Glacier Village Greens Phase XII Dear Chris: Our office has received an application from Sand Surveying for final plat approval for the above referenced subdivision. This for four lot residential subdivision located on the north side of Ritzman Lane in Glacier Village Greens subdivision. The property contains approximately 0.727 acres and would be two parent tracts intended for duplex townhouses for a total of four sublots. The property can be described as a portion of Assessors Tract 2A in Section 32, Township 29 North, Range 21 West, Flathead County, Montana. Our office waived the preliminary plat on October 18, 2002 subject to three conditions because it has been found that the subdivision can meet the criteria for preliminary plat approval waiver as outlined in Section 2.06 of the Kalispell Subdivision Regulations. Specifically, it can be found that the following conditions exist: 1. The plat contains five or fewer lots. 2. There is no public dedication of streets or public or private parkland. 3. All lots have legal and physical access conforming to the subdivision regulations. 4. Each lot has a suitable building site and there are no environmental hazards present. 5. Public sewer and water are adequate and in place. 6. The subdivision complies with the subdivision regulations and current zoning regulations. 7. No significant effects are anticipated on agriculture and agricultural water user facilities, local services, the natural environment, wildlife and wildlife habitat and the public health and safety. The Kalispell City Council will need to adopt findings of fact for approval found in attached staff report KWP-02-2 concurrent with the final plat approval. The following is a list of the conditions of approval and a discussion of how they have been met. Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls Final Plat for Glacier Village Greens Ph. XIl November 13, 2002 Page 2 COMPLIANCE WITH CONDITIONS OF APPROVAL Condition No. 1. That the final plat is in substantial compliance with the preliminary plat that was waived. • This condition has been met. The lots in the subdivision comply with the preliminary plat that was waived. Condition No. 2. That a Certificate of Subdivision Approval be obtained from the Department of Environmental Quality. • This condition has been met. MDEQ letter dated 10/24/02 approving the subdivision has been submitted with the final plat. Condition No. 3. This waiver of preliminary plat approval is valid for three years and shall expire on October 18, 2005. • This condition has been met. The final plat was submitted prior to expiration of the waiver. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was reviewed and approved. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in substantial compliance with the State and City Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision has been found to be in compliance with the Kalispell Zoning Ordinance and the R-4, Two Family Residential zoning designation assigned to the property. RECOMMENDATION: All of the conditions of preliminary plat approval have been adequately addressed. The staff recommends that the Kalispell City Council adopt the attached staff report KWP-02-2 as findings of fact and approve the final plat for Glacier Village Greens Phase XII. Final Plat for Glacier Village Greens Ph. XII November 13, 2002 Page 3 Please schedule this matter for the next regular city council of November 18, 2002. You may call me at (406) 751-1852 if you have any questions regarding this subdivision. Sincerely, Narda A. Wilson, AICP Senior Planner NW/ Attachments: 1 opaque mylar 1 reproducible mylar 1 paper copy Staff Report KWP-02-2 Final plat application Letter from TCPO for pre plat waiver dated 18/ 18/02 DEQ approval #E.Q. #03-1601 dated 10/24/02 Title Report from Sterling Title dated 10/22/02 Treasurers Certification dated 11/08/02 Location Map C: Go Development, 500 Palmer Drive, Kalispell, MT 59901 Sands Surveying, 2 Village Loop, Kalispell, MT 59901 Theresa White, Kalispell City Clerk H: \REPORTS \KALISPELL\02 \KW P-02-2LTR.➢OC 3 GLACIER VILLAGE GREENS PHASE XII TRI-CITY PLANNING OFFICE STAFF REPORT KWP-02-2 REVIEW AND FINDINGS OF FACT November 13, 2002 A report to the Kalispell City Council for findings of fact for a four lot residential subdivision. Preliminary plat approval for this minor subdivision was waived on October 18, 2002 subject to three conditions and compliance with the Kalispell City Subdivision Regulations. BACKGROUND: This is a four lot residential subdivision which will create two parent tracts intended for duplex townhouses for a total of four sublots. The property is currently undeveloped. A. Applicant: Technical Assistance: Owl Corporation 500 Palmer Drive Kalispell, MT 59901 (406) 752-5666 Sands Surveying, Inc. 2 Village Loop Kalispell, MT 59901 (406) 755-6480 B. Location: The property is located on the north side of Ritzman Lane between Palmer Drive and East Nicklaus Drive in the Glacier Village Greens Golf Course Development. The parcels contain approximately 0.726 acres and can be described as a portion of Assessors Tract 2A located in Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. C. Size: Total area: 0.726 acres Lot IA: 0.163 acre (7,100 square feet) Lot 1B: 0.163 acre (7,100 square feet) Lot 2A: 0.131 acre (5,706 square feet) Lot 213: 0.147 acre (6,403 square feet) City Street: 0.122 acre (5,312 square feet) D. Existing and Adjacent Land Uses: This is currently an undeveloped portion of the Glacier Village Greens Golf Course. Directly to the east are single family dwellings that are part of Glacier Village Greens Phase 8. To the north and to the west is the golf course and to the south is the parking lot for the club house and pro shop and the golf cart storage area. E. Zoning: The property is in the process of being annexed to the city and given an initial zoning designation of R-4m Two Family Residential, consistent with other phases of Village that has been annexed to the city. The R-4 zoning district is a district that is primarily intended for single family homes and duplexes. It has a minimum lot size requirement of 6,000 square feet and allows the create of sublots. The minimum lot width requirement is 50 feet for the parent tract of record. These lots comply with the R-4 zoning. F. Relation to Master Plan Map: The property is designated as Urban Residential on the former Kalispell City - County Master Plan Map and the associated R-4 zoning assignment is consistent with that land use designation. G. Utilities: Sewer: City of Kalispell via North Village Sewer District Water: Evergreen Water District Electricity: Flathead Electric Coop Telephone: CenturyTel School: School District #5, Kalispell Police: City of Kalispell Fire Protection: City of Kalispell REVIEW AND FINDINGS OF FACT This application is reviewed as a minor subdivision in accordance with statutory criteria and the Kalispell Subdivision Regulations. A. Effects on Health and Safety: Fire: The area is anticipated to be at low risk from wildfire due to the urban location, lack of woody fuel and good access to the site. The proposed subdivision is not expected the significantly impact the service provided by the district. A fire hydrant is located directly to the west of proposed Lot IA in this subdivision. Vegetation and topography: The site does not have significant native vegetation which has been replaced with golf course turf / grass. The property is relatively flat and has historically been used for golf course purposes. B. Effects on Wildlife and Wildlife Habitat: The proposed subdivision is not mapped big game habitat winter range and does not appear to provide habitat to significant wildlife other than some birds and small animals. Canadian geese and deer sometimes frequent the site. C. Effects on the Natural Environment: This area is currently served by public water and sewer. No impacts on the natural environment appear to be related to the subdivision of this property and there is not surface water in the area. D. Effects on Local Services: Sewer: This area is served by City of Kalispell via the North Village Sewer District with the of existing sewer mains in the Ritzman Lane right-of-way. Connections to the mains via service lines will be made at the time of development. The North Village Sewer District is subject to an interlocal agreement with the City of Kalispell and is poised to be taken over by the City at some point in the near future. The interlocal agreement allowed the District to operate and collect connection fees until such time as their bonded indebtedness was paid off. No significant impacts to the sewer services can be anticipated as a result of this subdivision. Water: The Evergreen Water District currently provides water service to the area and has a main located in the Ritzman Lane right-of-way. Individual water connections will be made once the lots are developed. No significant impacts to water services as a result of the creation this subdivision. Roads: Access to the site is provided directly from and existing street, Ritzman Lane. The City currently maintains the roadway along with other roads in the Glacier Village Greens development. No improvements to the roadway are anticipated to be needed as a result of this subdivision. Schools: This property is within the boundaries of School District #5, Kalispell. This subdivision is anticipated to create potentially one additional school -age child for this district because of the nature of this subdivision and its catering to older residents. Parks: Parkland dedication is not required for minor subdivisions. Police Protection: The property is served by the Kalispell Police Department. It is not anticipated that this subdivision will significantly impact the service provided by the police department. Fire Protection: The property is within the service district of the Kalispell Fire Department. The subdivision will not create additional impacts to fire service. A hydrant is located in close proximity to the subdivision and can be easily accessed by the fire department. Refuse Disposal: Refuse disposal can be provided by the City of Kalispell or private hauler. The proposed subdivision is not expected to impact the landfill. Medical Services: Emergency medical service is provided by the Kalispell Regional Hospital; Ambulance and Life Flight services are also available. E. Effects on Agriculture: This is within a highly urban area of Kalispell which has continued to grow. This subdivision will not have an impact on agriculture in the Valley. G. Compliance with the Kalispell Subdivision Regulations This subdivision complies with the Kalispell Subdivision Regulations. Preliminary plat was waived because it meets the waiver criteria provided for under Section 2.06 of the regulations which include the following: (1) the plat contains five or fewer lots, (2) there is no public dedication of streets or public or private parkland, (3) all lots have legal and physical access conforming to these regulations, (4) each lot has a suitable building site and there are no environmental hazards present, (5) municipal water and sewer are adequate and in place, (6) the subdivision complies with these regulations and zoning regulations, (7) there is no significant effects anticipated on agriculture and agricultural water user facilities, local services, the natural environmental wildlife and wildlife habitat and the public health and safety. RECOMMENDATION Staff recommends that the Kalispell City Council adopt Staff Report KWP-02-2 as fmdings-of-fact for the proposed subdivision and approve the final plat for Glacier Village Greens Phase XII. nw 4 PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE Policy No. 7208926- 1 1 2 CHICAGO TITLE INSURANCE COMPANY To the County of Flathead -and the City of Kalispell in Montana CHICAGO TITLE INSURANCE COMPANY, a corporation organized and existing underthe 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 1 1 th day of October , 2002 , at 5 o'clock P.M., the title to the described real estate was indefeasibly vested in fee simple of record in: GO DEVELOPMENT, L.L.C. A Montana 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 $ 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. AutAnriznl Si u ry CMCAGO TITLE INSURANCE COMPANY PMidank ATTEST is s tm Reorder Form No. 9113 (Reprinted 12/00) Preliminary Subdivision Certificate of Title For Use In Montana SCHEDULE A Page 2 Certificate No.: 7208926-1129 Our File No.: CG-34531 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 Northeast Quarter of the Southwest Quarter (NE'/4SW'/4) and in the Northwest Quarter of the Southeast Quarter (NW'/4SE'/4) of Section 32, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, and more particularly described as follows: Beginning at the Northwest corner of Lot 6, as shown on the plat of Glacier Village Greens, Phase VIII (records of Flathead County, Montana) to a point; thence along the Westerly boundary of said plat South 34'30'00" West, a distance of 130.00 feet to the centerline of a 60 foot road known as Ritzman Lane; thence leaving said boundary and along said centerline North 55'30'00" West, a distance of 43.59 feet to the P.C. of a 249.05 foot radius curve, concave Southwesterly, having a central angle of28'S0'S0'; thence along an are length of 125.39 feet; thence leaving said centerline North 05'39' 10" East, a distance of 153.00 feet to a point; thence South 79'27'20" East, a distance of 68.57 feet to a point; thence South 69'40'20" East, a distance of 68.57 feet to a point; thence South 60'51' 13" East, a distance of 55.12 feet to a point; thence South 55'37'41" East, a distance of 53.55 feet to a point; thence South 34'30'00" West, a distance of 23.00 feet to the Point of Beginning. To be known as: GLACIER VILLAGE GREENS, PHASE XII. Page 3 Certificate No.: 7208926-1129 Our File No.: CG-34531 Being all of the estates, interests, equities, lawful claims, or demands, defects, or objections whatsoever to title; and all easements, restrictions, liens, charges, taxes (general, special, or inheritance, or assessments of whatever nature), or encumbrances; and all other matters whatsoever affecting said premises, or the estate, right, title, or interest of the record owners, which now do exist of record. 1. Property taxes, including any assessments collected with the taxes, for the year 2002. 2. Reservations in Patents or the acts authorizing the issuance thereof. 3. 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. 4. Taxes, charges and assessments of Village County Water and Sewer District, payable with the general taxes. Agreement for waterworks system, recorded July 14, 1906 under Recorder's Fee 93491, in Book 54, page 635, and agreement conveying said waterworks system, recorded March 6, 1915 under Recorder's Fee #697, in Book 112, page 332, records of Flathead County, Montana. 6. The restrictive covenant that mobile homes or factory built homes designed for transport wherein the transport frame is an integral part of the structure shall not be allowed on the property, notice given by instrument recorded November 14, 1991 as Document #9131809210, records of Flathead County, Montana. Easement for transmission line and related purposes granted to Northwestern Telephone Systems, Inc., by instrument recorded November 8, 1985 as Document 48531211540, records of Flathead County, Montana. 8. Terms and provisions contained in the Articles of Incorporation of Glacier Village Greens, Subdivision Phase I Homeowners Association, Inc., and By -Laws of Glacier Village Greens Subdivision Phase I, 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 48 8246093 80, 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 Interlocal Agreement regarding Flathead County Water & Sewer District No. 1 - Evergreen, filed October 25, 1990 as Document 99029809200, records of Flathead County, Montana. 13. Terms and provisions contained in Interlocal Agreement regarding Sanitary Sewer for Evergreen Water and Sewer District, filed November 27, 1991 as Document 49133111370, 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 4200130609070, records of Flathead County, Montana. 15. No search has been made for water rights and unpatented mining claims and liability thereon is excluded from coverage of this Certificate. 16. Utility easement certificate as shown on the unrecorded plat of Glacier Village Greens, Phase XII. BY: Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 1 � ,Q )� This Form is for Subdivisions & Condominiums Only 1\ v CIS FOR: GQ DATE 9/SA) DEECP: GOW671e- G't-e�, PURPOSE PA (rTK / - YEARS ASSESSOR # G 9 7 1993 THRU & TO DATE pk - I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed abovet, for the years indicated for each assessor number. 1---�„14,4 A iuty_1-reasurer (seal) NOV 0 8 70017 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: Glacier Village Greens Phase XII Contact Person: Name: Sands Surveying, Inc Address: 2 Village Loop Kalispell, MT. 59901 Phone No.: 755-6481 Owner & Mailing Address: Go Developement 500 Palmer Drive Kalispell, MT. 59901 752-5666 Date of Preliminary Plat Approval Waiver on October 18, 2002 Type of Subdivision: Residential Industrial _Commercial PUD _Other No. of Lots Proposed 4 Land in Project (ac.) 0.726 acre FILLING FEE ATTACHED $ 550.00 Parkland (acres) Cash -in -Lieu Exempt Minor Subdivision with approved preliminary plat Major Subdivision with approved preliminary plat Subdivisions with Waiver of Preliminary Plat Subdivision Improvements Agreement Attached Not Applicable (MUST CHECK ONE) $250 + $25/lot $500 + $25/lot $450 + $25/lot $ 50 RECEIVED NOV 0 2002 TRI-CITY PLANNING OFFICE Health Department Certification (Original) Title Report (Original, not more than 90 days old) Tax Certification (Property taxes must be paid)l) Consent(s) to Plat (Originals and notarized) �1L Subdivision Improvements Agreement (Attach collateral) Parkland Cash -in -Lieu (Check attached) Maintenance Agreement X Plats: 1 opaque OR 1 Mylar copy 4 bluelines 2 Mylars 1 signed blueline 4 bluelines, unsigned --A 0,..,......,«., 1.,«,1 Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Tri-City Planning Office, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the Planning Board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Tri-City Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. **NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision final plat applications be accompanied with a digital copy. �� - �- Owner(s) Signature � � 2 Dat `*A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file format, consisting of the following layers: 1. Exterior boundary of subdivision 2. Lot or park boundaries 3. Easements 4. Roads or rights -of -way 5. A tie to either an existing subdivision corner or a comer of the public land survey system As approved by the CAB on 4/5/00 Effective 6/1/00 Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 October 18, 2002 Erica Wirtala Sands Surveying, Inc. 2 Village Loop Kalispell, MT 59901 Phone: (406) 751-18SO Fax: (406) 751-1858 tric ity@c enturyte l.net Re: Waiver of Preliminary Plat Approval - Glacier Village Greens Phase XII Dear Erica: This letter is in response to your request on behalf of Owl Corporation for waiver of preliminary plat approval for four lot residential subdivision located on the north side of Ritzman Lane in Glacier Village Greens subdivision. The property contains approximately 0.727 acres and would be two parent tracts intended for duplex townhouses for a total of four sublots. The property can be described as a portion of Assessors Tract 2A in Section 32, Township 29 North, Range 21 West, Flathead County, Montana. Our office can find that the proposed subdivision meets the preliminary plat waiver criteria as provided for under the Kalispell Subdivision Regulations. Specifically it meets the following criteria: (1) the subdivision contains five or fewer lots, (2) there is no dedication of streets or public or private parkland, (3) that the lots have legal and physical access conforming to the subdivision regulations, (4) each lot has a suitable building site and there are no environmental hazards present; (5) municipal sewer and water are adequate and in place; (6) that the subdivision complies with the subdivision and current zoning regulations, and (7) that there will be no significant impact on agriculture, agricultural water users, local services or the natural environment. Due to the relatively minor impacts that this subdivision poses, this office grants preliminary plat approval subject to the following conditions: That the final plat is in substantial compliance with the preliminary plat that was waived. 2. That a certificate of subdivision approval be obtained from the Montana Department of Environmental Quality. This waiver of preliminary plat approval is valid for three years and shall expire on October 18, 2005. Providing Community Planning Assistance To: • City of Columbia Falls • City of Kalispell • City of Whitefish Waiver of Preliminary Plat — Glacier Village Greens Ph. XII October 18, 2002 Page 2 Waiver of preliminary plat approval does not constitute approval of the subdivision. Please note that prior to fmal plat approval, all requirements must be met per Chapters 2 and 3 of the Kalispell Subdivision Regulations. If you have any questions regarding this matter, please call Narda Wilson, Senior Planner, at this office. Sincerely, t M / ' )Id Thomas R. Jentz Planning Director LETTERS \WAIVEPP\02\ GVGREENPHXII. DOC Montana Department of � N MONME"AL Q AUTY Judy Martz, Governor P.O. Box 200901 • Helena, MT 59620-0901. • (406) 444-2544 • www.deq.state.mt.us October 24, 2002 WMW Engineering PC 50 W 2nd St Whitefish MT 59937 Dear Sir or Madam: RE: Glacier Village Greens Phase XIl- Municipal Facilities Exclusion EQ#03-1601 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, J"IalAk Janet Skaarland Compliance Technician Subdivision Section Water Protection Bureau (406) 444-1801 — email jskaarland@state.mt.us cc: City Engineer, City of Kalispell County Sanitarian file Sands Surveying Centralized Services Division • Enforcement Division Permitting & Compliance Division Planning, Prevemion &Assistance Division Remedimion Division SANDS SURVEYING, INC. 2 Village Loop Kalispell, MT 59901 406-755-6481 Fax 406-755-6488 October 7, 2002 RECEIVED Narda Wilson, Senior Planner Tri-City Planning Office OCT - 7 2002 17 Second Street East- Room 211 Kalispell, MT 59901 TRI-CITY PLANNING OFFICE RE: Waiver of Preliminary Plat Glacier Village Greens Phase XII Dear Narda: We would like to request a waiver of preliminary plat for the attached Glacier Village Greens Phase XII. It is the creation of four sublots located on the north side of Ritzman Lane within the Glacier Village Greens subdivision, approximately 0.726 acres in size. This property can further be described as being in Tract 2A, in Section 32, Township 29 North, Range 21 West, Flathead County. This property is in an area surrounded by Kalispell R-4 zoning and an application to annex is included within this subdivision waiver request. All lots would be served by Evergreen Water and Village County Sewer. City streets, sidewalks and gutters are all in place at this time. This subdivision meets the criteria for a preliminary plat waiver in the following manner: 1. That the plat contains five or fewer lots; 2. That there is no public dedication of streets or public or private park land; 3. All lots have suitable access conforming to County standards; 4. Each lot has a suitable building site and there are no environmental hazards present; 5. Each lot can support on -site sewer or water services or is already served by public sewer or water; 6. The subdivision complies with these regulations and current zoning regulations 7. No significant effects are anticipated on agriculture and agricultural water user facilities, local services, the natural environment, wildlife and wildlife habitat and the public health and safety. Thank you for your consideration of this request. Sjmerely, !W tlz Erica Wirtala Tri-City Planning Office 17 Second. St East, Suite 211 Kalispell, NIT 59901. Phone: (406)751-1850 Fax: (406)751-1.858 PETITION FOR ANNEXATION AND INITIAL ZONING CITY OF KALISPELL NAME OF APPLICANT: OWL CORPORATION MAIL ADDRESS: 500 PALMFR DRIVE CITY/STATE/ZIP: KALISPELL, MT 59901 PHONE: INTEREST IN PROPERTY: OWNER Other Parties of Interest to be Notified: PARTIES OF INTEREST: SANDS SURVEYING, INC MAIL ADDRESS: 2 VILLAGE LOOP CITY/STATE/ZIP: KALISPELL, MT 59901 PHONE: 755-6480 INTEREST IN PROPERTY: TECHNICAL SUPPORT PLEASE COMPLETE THE FOLLOWING: Address of the property: Legal Description: TRACT 2A GLACIER VILLAGE GREENS, PHASE XII (Lot and Block of Subdivision; Tract 4) SECTION 32, T29N, R21W (Section, Township, Range) (Attach metes and bounds as Exhibit A) The present zoning of the above property is: R-5 The proposed zoning of the above property is: R-4 State the changed or changing conditions that make the proposed amendment necessary: THE PROPERTY IS ADJACENT TO KALISPELL CITY LIMITS -THIS IS A CONTINUATION OF THE APPROVED MASTER PLAN The signing of this application signifies that the foregoing information is true and accurate based upon the best information available and further grants approval for Tri-City Planning staff to be present on the property for routine inspection during the annexation process. e � /�eL (Applicant) I(')ate) APPLICATION PROCESS APPLICABLE TO ALL ANNEXATION AND INITIAL ZONING APPLICATIONS 1. Pre -Application Meeting: A discussion with the planning director or designated member of staff must precede filing of this application. Among topics to be discussed are: compliance with the master plan, compatibility of proposed zoning with surrounding zoning classifications and the application procedure. 2. Completed application form. 3. Completed Petition to Annex form including an Exhibit A. legal description of the property. 4. Annexation and Initial Zoning Fee made payable to the Tri-City Planning Office. 5. Fee Schedule None 6. A bona fide legal description of the property from a recent survey, title report or deed which accurately describes the property to be annexed. H:1FRD0\F0RMS\APPF0RMS\KANNX.D0C PETITION NO.: PETITION TO ANNEX. AND NOTICE OF WITHDRAWAL FROM RURAL. FIRE DISTRICT The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of the City of Kalispell for annexation of the real property described below into the City of Kalispell. The Petitioner(s) requesting City of Kalispell annexation of the property described herein and further described in Exhibit A hereby mutually agree with the City, of Kalispell that immediately upon annexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available to other properties within the rest of the municipality. Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. The Petitioner(s) further herein express an intent to have the property as herein described withdrawn from the EVERGREEN Rural Fire District under the provisions of Section 7-33- 21.27, Montana Code Annotated; and that incorporated into this Petition to Annex is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district. In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described property. This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of Kalispell. A"z e-,7 , e.-- Petitioner/Owner Petitioner/Owner Please return this petition to: Tri-City Planning Office 17 2id St East, Suite 211 Kalispell MT 59901 NOTE: Attach Exhibit A STATE OF MONTANA ) ss County of Flathead County On thisJ�day of the State of Montana, personally appeared to me to be the person whose name is subs to me that he/she executed the same. �GY S. SEALtp L' U ,Before me, the unde a Notary Public for ' /4a'r // e - -�-, n5 knoNNn to the foregoing instrument and acknowledged IN WITNESS WHEREOF, I have hereunto set my year in this certificate first above written. My id affixed in I j i 2iF ablic,.'Sta pe of at LZ tea nission expires: Seal the day and 15027) S79. N - 68`�� S69 4 \sue LOT fA 0.163 AC. LOT 1B $ 0.163 AC. d-0947'00'�° R 27R03' L-47.B5' y d-09'4T00".— ±Q R-27R 05: L-47.65 4-07'5f42" 0 y - ---% 0+� p- d-26'S030"__--, - L44R49' - a-2905050"/ 3 & PAR R-249.05' MEN,T) LOT 2A 0.131 AC. d-01125109" R-27R 05' L-6.9i s Y o- ooi�gl 60' CITY ROAD - LOT 2B 0.147 A`6� j POB k NWCORNER PLAT of GU .GREENS, PR \ U- ti� oo L©t \ L( (COS 15027) 40 F,