4. Final Plat Approval - Buffalo Commons Phase 2, Block 3REPORT TO:
FROM:
SUBJECT
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
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
Final Plat for Buffalo Commons Phase 2, Block 3
MEETING DATE: December 17, 2001
BACKGROUND: This is a request for final plat approval of a seven lot townhouse
subdivision on approximately 1.37 acres. The lots are located on the north side of
Commons Way within the multi -family development pod of the Buffalo Commons
development. There would be one tri-plex and two duplex units on the lots for a total
of seven dwellings. The preliminary plat for this subdivision was approved by the city
council on November 3, 1997 subject to nine conditions. This final plat is the platting
of several more townhouse lots intended to be developed in the northern most portion
of the Buffalo Commons PUD area designated as the multi -family development area.
All of the infrastructure for the subdivision including the roads, water, sewer,
drainage and fire hydrant locations have been completed and accepted by the City of
Kalispell in platting earlier phases of the Buffalo Commons development.
RECOMMENDATION: A motion to approve the final plat for Buffalo Commons Phase
2, Block 3 would be in order.
FISCAL EFFECTS: Minor positive impacts once developed.
ALTERNATIVES: As suggested by the city council.
U� `
Narda A. W son Chris A. Kukulski
Senior Planner City Manager
Report compiled: December 12, 2001
c: Theresa White, Kalispell City Clerk
Attachments: Letter of transmittal
Final plat application and supporting documents
H: \ FRDO\TRANSMIT\KALISPEL\2001 \KFPO 1-7MEMO.DOC
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • 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@centurytel.net
December 12, 2001
Chris Kukulski, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59901
Re: Final Plat for Buffalo Commons Phase 2, Block 3
Dear Chris:
Our office has received an application from J 8s F Construction for final plat approval
of Buffalo Commons Phase 2, Block 3 which will plat seven townhouse lots on
approximately 1.37 acres. The subdivision is located in the multi -family development
pod of the Buffalo Commons with the lots fronting along the north side Commons
Way. The development is generally located on the east side of Highway 93 North,
north of Heritage Way in Kalispell. Previous phases within the Buffalo Commons
development dedicated the roads with the development to the City of Kalispell along
with the water and sewer facilities.
Preliminary plat approval for this subdivision was granted by the Kalispell City
Council on November 3, 1997 subject to nine conditions. The Buffalo Commons
Planned Unit Development is a mixed use PUD which includes this multi -family
element. The following is a list of the conditions of approval and a discussion of how
they have been met.
COMPLIANCE WITH CONDITIONS OF APPROVAL
Condition No. 1. That the development of the site will be in substantial conformance
with the approved preliminary plat which shall govern the general location of the lots
and roadways.
• This condition has been met. The development is in substantial compliance with
the approved preliminary plat.
Condition No. 1. That the public roadways within the subdivision shall be
constructed in accordance with the adopted Standards for Design and Construction
which includes the pavement, curbs, gutters, sidewalks and drainage system. A letter
from the Kalispell Public Works Department shall be required stating that the
improvements have been installed according to the required specifications at the time
of final plat approval.
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish
Final Plat of the Buffalo Commons Phase 2, Block 3
December 12, 2001
Page 3
This condition has been met. The stormwater drainage plan for the project was
reviewed as approved as part of the overall design and construction and has been
built accordingly.
Condition No. 6. That all water and sewer services and plans and specifications
shall be reviewed and approved by the Department of Environmental Quality and the
Kalispell Public Works Department.
• This condition has been met. A letter dated 10/31/97 from DEQ provides their
approval of the subdivision for water and sewer facilities. Engineer Robert Peccia
& Associates also confirms that the water and sewer have been installed according
to approved plans and specifications. Public works reviewed and approved these
improvements in previous phases and has the as -built drawings on CD.
Condition No. 6. That a letter from the Kalispell fire chief approving the location and
placement of the fire hydrants within the subdivision shall be submitted with the final
plat.
This condition has been met. The placement of the fire hydrants along Commons
Way was previously approved by the Kalispell Fire Department.
COMPLIANCE WITH APPROVED PRELIMINARY PLAT
The preliminary plat proposed ten dwellings in this phase with two tri-plex and two
duplex units. The density has been reduced by three units with this final plat for
seven dwellings. There would be one tri-plex and two duplex units on these lots. The
final plat is in substantial compliance with the approved preliminary plat.
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 Planned Unit Development which governs the dimensional
requirements of the lots within the subdivision.
RECOMMENDATION:
All of the conditions of preliminary plat approval have been adequately met. The staff
would recommend that the Kalispell City Council approve the final plat for this
subdivision. Please schedule this matter for the regular city council meeting of
December 17, 2001.
December 10. 2001
David Greer
1867 Ashley Lake Rd • Kalispell, MT 59901
REr,r,-.D
Narda Wilson DEC 1 n
Senior Planner Lv
Tri-City Planning Office �� 17 Second Street E PLANNING OFFICE
Kalispell, MT 59901
RE: FINAL PLAT OF BUFFALO COMMONS, PHASE 2, BLOCK 3
Dear Narda:
Attached are the application materials for the above -referenced final plat. The following narrative describes
how each of the conditions of preliminary plat approval, as set forth in City Resolution 4379, have been
satisfied.
Condition 1. That the development...........
The final lot layout, including private driveways, is in substantial conformance to the layout
presented in the preliminary plat. The original layout anticipated 10 sublots within the parent lot.
The final plat eliminated three sublots to create a total of 7 sublots.
Condition 2. That the public roadways.......
All improvements have been installed in accordance to city standards. The City has been deeded
and has accepted all the internal roads of Buffalo Commons. The City has the as -built drawings
on "CD".
Condition 3. That approach permits......
The City approved the construction drawings for the Buffalo Commons PUD, including all
intersections with city streets. All the streets have been deeded to the City.
Condition 4. That the developer shall install.....
The U.S. Postal Service has reviewed Phase 2 and the central mail box site has been installed at
the approved location.
Condition 5. That sidewalks......
Sidewalks have been built in accordance to the approved plans for the entire PUD. All boulevards
are 5 feet or greater in width. As per my conversations with Mike Baker, Parks & Recreation
director, street trees are planted on lots concurrent with home occupation to ensure proper care and
maintenance of the planted trees. Due to the location of all utilities within the Boulevard adjacent
to Phase II, trees are planted on the north side of the sidewalk within the common area of the
townhouses.
Tri-City Planning Office
17 Second Street East
Kalis ell, MT 59901
FINAL PLAT APPLICATION
Subdivision
Name: Buffalo Commons Phase 2 Block 3
Contact Person:
Name: David M. Greer
Address: 1867 Ashley Lake Rd
Kalispell, MT 59901
Phone No.: (406)756-9099
Date of Preliminary Plat Approval:
Type Subdivision:
Owner:
J&F Construction
690 North Meridian Rd
Kalispell, MT 59901
752-2881
3 November 1997
Industrial I Commercial I PUD I Other
No. of Lots Proposed: 7 Park Land (ac.):
Land in Lots: (ac.) 1.37 Cash -in -lieu:
Exempt: PUD Exempt
FILING FEE ATTACHED: �35-a c,'y
NOT
ATTACHED APPLICABLE
E
Health Department Certification
E
Title Report
Tax Certification
Plat
Sub.
Sub. Improvements Agreement
Parkland Cash -in -Lieu
Recorded
Covenants
Recorded
Homeowners By-Laws/Articles of Incorporation
Plats
RECEIVED
DEC 10 2"1
TRIM PLANNING OFFICE
1
DEPARTMENT OF ENVIRONMENTAL QUALITY
PERMITTING & COMPLIANCE DIVISION
Community Services Bureau
Public Water Supply Program
MARC RACICOT, GOVERNOR
- STATE
OF MONTANA
Phone: (406)444.4400
Metcalf Building
Fax:(406)444-1374
1520 E Sixth Ave
PO Box 200901
R E C E P M M October 31, 1997
Helena, MT 59620-0901
Phil Porrini NOV - 41997
Robert Peccia & Associates
825 Custer Avenue ROBERT PECC{A
P.O. Box 5653
Helena, MT 59604 & ASSOCIATES
Re: City of Kalispell Buffalo Commons PUD - Phase II - Site Development Flathead County EQ 98-1553
Dear Mr. Porrini:
The plans for the above referenced project have been reviewed by personnel under contract with the Permitting and
Compliance Division and found to be satisfactory. Approval of the plans and specifications is hereby given. One set of plans
and specifications showing the approval stamp of the MDEQ is enclosed.
The project consists of approximately 600 lineal feet of 8 inch SDR 35 PVC sewer main, 7 manholes and appurtenances. The
project also consist of approximately 770 lineal feet of 6 inch PVC Class 150 C900 water main and appurtenances.
Approval is based on plan sheets C1-4, Cl-5 and Cl-6 dated October, 1997 and submitted under the stamp of Philip P. Porrini,
Montana Professional Engineer Number 4371E.
Approval is also given with the understanding that any deviation from the approved plans will be submitted to the department
for reappraisal and approval. Within 90 days after the project has been completed, the project engineer shall certify to the
department that the project was inspected and found to be installed in accordance with the plans approved by the department.
This certification shall be accompanied by a set of "as -built" record drawings signed by the project engineer.
It is also understood that construction will be started within two years of this date. If more than two years pass before
beginning construction, it shall be necessary to resubmit the plans and specifications when construction is anticipated. This
two year expiration period does not extend any compliance schedule requirements pursuant to enforcement action against a
public water/sewage system.
Mark A. Smith, P.E. I
Drinking Water Section
Permitting and Compliance Division
Department of Environmental Quality
c. Tom Laux, CEO, Northwest Healthcare, 310 Sunnyview Lane Kalispell, MT 59901
Flathead County Sanitarian
AN EQUAL OPPORrUNIrY EMPLOYER'
DEC-11-2001 TUE 03:15 PM FLTHD REG DEV OFFICE FAX NO. 406 758 5781 P. 03
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I hereby consent to the platting of Buffalo Commons Phase 2, Block 3.
Northwest Healthcare
P �1
NOTARY PUBLIC for the Stare of Montano
lissidhp at Columbia falls, Man`I (
310 Sunnyview lore • Kahspd Montano S990f • 406-7524991
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PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE
27 0219 89 205759
Issued in lieu of 27-0219-89-205755
CHICAGO TITLE INSURANCE COMPANY
To the County of Flathead and the City of Kal 1 spel 1 in Montana
CHICAGO TITLE INSURANCE COMPANY, a corporation organized and existing under the laws of the State
of Missouri, with its principal office in the City of Chicago, Illinois, and duly authorized to insure titles in
Montana hereby certifies that from its examination of these public records which impart constructive notice of
matters affecting the title to the real estate described in Schedule A hereof, as of the 1 5th day of
November 8R2001, at 5 o'clock P.M., the title to the described real estate was indefeasibly vested in fee
simple of record in: 0 & F CONSTRUCTION
a Montana General Partnership
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:
STERLING TITLE SERVICES
211 South Main (P.O. Box 73)
Kalispell, MT 59901
(406) 752.7000
FAX (406) 752 - 7207
(406) 257.5663
Authorizcd Signal
CHICAGO TITLE INSURANCE COMPANY
By:
ATTEST: Pres ent
Secretary
PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE (MONTANA)
Reorder Form No. 9113
SCHEDULE A
Replaces 27-0219-89-205755
Page 2 Certificate No.: 27-0219-89-205759
Our File No.: CG-32239-2
Being the legal description of the real estate covered by this
certificate.
The following -described parcels of real estate:
That portion of Government Lot 5, Section 6, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana described as
follows:
Commencing at the Northwest corner of Government Lot 5, Section
6, Township 28 North, Range 21 West; thence along the
Northerly boundary of said government lot
North 89034138/1 East a distance of 299.82 feet to the Point of
Beginning of the parcel being described; thence continuing
along said Northerly boundary of said government lot
North 89034138/1 East a distance of 369.00 feet to the Northwest
corner of Buffalo Commons Phase 2 Block 2, records of
Flathead County, Montana; thence along the Westerly boundary
of said Phase 2 Block 2
South 00014149/1 East a distance of 190.51 feet to the Northerly
right-of-way line of Commons Way, a 60.00 foot city street
and a point on the beginning of a 720.00 foot radius curve
concave Northerly having a radial bearing of North 00026'28"
West; thence along said Northerly right-of-way line of said
Commons Way the following two courses:
Along said curve through a central angle of 18055152/1 an arc
length of 237.90 feet to the beginning of a 530.00 foot
radius curve to the left concave Southerly, and along said
curve through a central angle of 14057114/1 an arc length of
138.33 feet to the Easterly boundary of Buffalo Commons Phase
2 Block 5, records of Flathead County, Montana; thence along
said Easterly boundary of said Phase 2 Block 5
North 00014149/1 West a distance of 124.29 feet to the Point of
Beginning.
To be known and designated as BUFFALO COMMONS PHASE 2 BLOCK 3,
FLATHEAD COUNTY, MONTANA.
Page 3 Certificate No.: 27-0219-89-205755-2
Our File No.: CG-32239-2
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. Delinquent water and sewer charges of the City of Kalispell,
if any.
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. Declaration of Conditions, Covenants, and Restrictions and
any rights, provisions, powers, obligations, liens or charges
as provided therein, but omitting any covenant or restriction
based on race, color, religion, sex, handicap, familial
status or national origin, unless and only to the extent that
said covenant (a) is exempt under Chapter 42, Section 3607 of
the United States Code or (b) relates to handicap but does
not discriminate against handicapped persons, recorded July
10, 1980 under Recorder's Fee #8632, in Book 696, page ill,
records of Flathead County, Montana, and any amendments
thereto.
5. Easement granted Northwestern Telephone Systems, Inc.,
recorded December 17, 1980 under Recorder's Fee #18056, in
Book 707, page 361, records of Flathead County, Montana.
6. Resolution No. 4174 regarding annexation and zoning, recorded
November 14, 1994 as Document #9431814340, records of
Flathead County, Montana.
7. Terms and provisions contained in Ordinance No. 1226,
recorded October 3, 1995 as Document #9527615080, records of
Flathead County, Montana.
8. Terms and provisions contained in Ordinance No. 1276 recorded
February 24, 1998 as Document #199805512210, records of
Flathead County, Montana.
9. Terms and provisions contained in Ordinance No. 1281 recorded
February 24, 1998 as Document #199805512220, records of
Flathead County, Montana.
10. Declaration of Conditions, Covenants, and Restrictions and
any rights, provisions, powers, obligations, liens or charges
as provided therein, but omitting any covenant or restriction
based on race, color, religion, sex, handicap, familial
status or national origin, unless and only to the extent that
said covenant (a) is exempt under Chapter 42, Section 3607 of
the United States Code or (b) relates to handicap but does
not discriminate against handicapped persons, recorded
February 24, 1998 as Document #199805512230, and amendment
recorded September 29, 2000 as Document #200027311060,
records of Flathead County, Montana, and any amendments
thereto.
11. A private drive and utility easement as shown on the
unrecorded plat of Buffalo Commons Phase 2 Block 3.
12. A 10 foot telephone easement along the north boundary as
shown on the plat of Buffalo Commons Phase 2 Block 3.
13. Certificate of parkland as shown on the plat of Buffalo
Commons Phase 2 Block 3.
14. Trust Indenture dated November 15, 2001, executed by J & F
Construction, a Montana General Partnership, to Citizens
Title and Escrow Company, Inc., as Trustee; and Northwest
Heaticare Corporation, a Montana Corporation, as Beneficiary;
to secure payment of $56,280.00, together with interest and
any other obligations secured thereby, recorded November 16,
2001 as Document #200132010130, records of Flathead County,
Montana.
15. The identity and the authority of the partners of J & F
Construction, a Montana General Partnership, a partnership,
and the right of said Partnership to do business in the State
of Montana. A copy of the Partnership Agreement and any
amendments thereto, and evidence of the identity and
authority of the officers or partners of J & F Construction,
a Montana General Partnership to execute the forthcoming
documents must be submitted for our review.
16. No search has been made for water rights and unpatented
mining claims and liability thereon is excluded from coverage
of this Certificate.