Final Plat/TownhousesREPORT TO:
FROM:
SUBJECT
City ofKalispell
Planning Department
17 - 2nd Street EM, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
.Fax: (406) 5-1858
Website: kalispellplanning.corn
Kalispell Mayor and City Council
Sean Conrad, Senior Planner
James H. Patrick, City Manager
Final Plat for Blue Heron Townhouses
MEETING DATE: August 21, 2006
BACKGROUND: This is a request for final plat approval for Blue Heron
Townhouses, a residential subdivision creating 8 sublots on approximately 1
acre. The property is located west of the northwest corner of Three Mile Drive
and Stillwater Road. The lots lie on the west side of the entrance road, Blue
Crest Drive, to Blue Heron Estates Subdivision on the north side of Three Mile
Drive. The property can be described as Lot 2, 3, 4, and 26 Blue Heron Estates
located in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead
County, Montana. The subdivision was given preliminary plat approval by the
Kalispell City Council on July 18, 2005 subject to 4 conditions.
RECOMMENDATION: A motion to approve the final plat for Blue Heron
Townhouses would be in order.
FISCAL EFFECTS: Positive impacts once developed.
ALTERNATIVES: As suggested by the city council.
Respectfully sub' ted, q i I t k
Sean Conrad ames H. Patrick
Senior Planner City Manager
Report compiled: August 7, 2006
Attachments: Letter of transmittal
Final plat application and supporting documents
City of Kalispell
Planning Department
17 - 2"d Street East. Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
ebsite: kal.ispel plarming.com
August 10, 2006
James H. Patrick, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59901
Re: Final Plat for Blue Heron Townhouses
Dear Jim
This is a request for final plat approval for Blue Heron Townhouses, a residential
subdivision creating 8 sublots on approximately 1 acre. The property is located west
of the northwest corner of Three Mile Drive and Stillwater Road. The lots lie on the
west side of the entrance road, Blue Crest Drive, to Blue Heron Estates Subdivision
on the north side of Three Mile Drive. The property can be described as Lot 2, 3, 4,
and 26 Blue Heron Estates located in Section 13, Township 28 North, Range 22 West,
P.M.M., Flathead County, Montana. The subdivision was given preliminary plat
approval by the Kalispell City Council on July 18, 2005 subject to 4 conditions.
The preliminary plat was approved with conditions as outlined below. The following is
a discussion of compliance with each of these conditions as well as findings of
compliance with the city subdivision regulations and zoning ordinance.
COMPLIANCE WITH CONDITIONS OF APPROVAL:
Condition No. 1. That the development of the site shall be in substantial
compliance with application submitted, the site plan, covenants, elevation
drawings, materials and other specifications as approved by the city council.
(Kalispell Subdivision Regulations, Appendix C - Final Plat)
This condition is met. The final plat complies with the approved preliminary plat.
Condition No. 2. Pedestrian access shall be developed along Three Mile Drive along
the southern boundary of Lots 1 and 25, Phase 1 of Blue Heron Estates prior to
the issuance of a building permit for these lots.
Final Plat for Blue Heron Townhouses
August 10, 2006
Page 2
This condition is met. The pedestrian access has been installed along the
southern boundary of lots 1 and 25 of Phase I of Blue Heron Estates and has
been inspected by the Public Works Department.
Conditionu, No. 3. All areas disturbed during development of the subdivision shall be
re -vegetated with a weed -free mix immediately after development.
• This condition has been met. Revegetation has been completed in conjunction
with the necessary infrastructure.
Condition No. 4. That preliminary plat approval shall be valid for a period of three
years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04).
• This condition has been met. The preliminary plat has been submitted prior to the
expiration of the preliminary plat approval which is July 1.8, 2008.
COMPLIANCE WITH THE SUBDIVISION REGULATIONS:
This subdivision plat has been found to be in compliance with the State and City
Subdivision Regulations.
COMPLIANCE WITH THE ZONING REGULATIONS
This subdivision complies with the Kalispell Zoning Ordinance and the R-2 zoning for
the property.
RECOMMENDATION:
All of the conditions of preliminary plat approval have been adequately addressed.
The staff recommends that the Kalispell City Council approve the final plat for this
subdivision. Please schedule this matter for the August 21, 2006 regular city council
meeting if possible. You may call me at 751-1852 if I can be of assistance to you
regarding this matter.
Sincerely,
i
Sean Conrad
Senior Planner
Attachments: 1 opaque mylar of final plat
1 reproducible mylar of final plat
Final Plat for Blue heron Townhouses
August 10, 2006
Page 3
1 blueline of final plat
l 1x17 reduction
Final plat application dated 8 / 8/ 05
Letter from MDEQ dated 8/ 10/05
Title report # 7403078-1082 dated 7 / 26 / 06
Treasurer's certification dated 7/28/06
c w/attachments: Theresa White, Kalispell City Clerk
c w/o attachments: Charles Lapp, 3220 Columbia Falls Stage Road, Columbia
Falls, MT 59912
Kalispell.City of
PlanningDepartment
17 - ?"`{ Street East. Suite 211. Kalispell, Montana 59901
Telephone: (406) 751-18-50
Fax: (406) nj 1-1858
FINAL PLAT APPLICATION
Project /Subdivision Name: Blue Heron Townhouses
Contact Person: Owner & Mailing Address:
Name: PAU , J. STOKES AND ASSOCIATES INC.
Address:322 2d Ave. Rest Suite B
Kalisvell, MT 59901
Phone No.: 755-8707
Date of Preliminary Plat Approval: July 18, 2005
Type of Subdivision: Residential X Industrial Commercial PUD Other
Total Number of Lots in Subdivision
Land in Project (acres) 1.018 ACRES
Parkland (acres) .06 acres Cash -in -Lieu $ N/A Exempt
No. of Lots by Type:
Single Family X Townhouse X Mobile Home Park
Duplex Apartment Recreational Vehicle Park
Commercial Industrial Planned Unit Development
Condominium Multi -Family Other
Legal Description of the Property Lots 2 3 and 26 of Blue Heron Estates Subdivision located in
Section 13 Town shi 28 North Ran a 22 West P.M.M. Flathead County., Montana
FILING FEE ATTACHED $ 1050
Minor Subdivision with approved preliminary plat $400 + $100 / lot
Major Subdivision with approved preliminary plat $650 + $100/lot
Subdivisions with Waiver of Preliminary Plat $600 + $100 / lot
Subdivision improvements Agreement $50
1
Attached
Not A lip�a 'cable Ljg ST CHMCK 0M
Health Department Certification (Original)
—X
X
Title Report (Original, not more than 90 days old)
Tax Certification (Property taxes must be paid)
K
Consent(s) to Plat (Originals and notarized)
Subdivision Improvements Agreement (Attach collateral)
X Parkland Cash -in -Lieu (Check attached)
X Maintenance Agreement
X
Plats: 1 opaque OR 2 mylars
1 myl.ar copy 1 signed blueiine
4 bluelines 4 bluelines, unsigned
lIX17 Copy 11X17 Copy
**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 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 Kalispell Planning Department, 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 Kalispell
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.
,r
Date
Owner(s) Signature v
**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 corner of the public land survey system
I
MonDepartmentent oENVIRONMENTALQUAUTY
P.O. Box 200901 Helena, MT 59620-0901. (406) 444-2544 asww.deq.mt.gov
August 10, 2005
Paul J Stokes and Associates Inc
Ed Engel PE
322 2" 6 Ave West Suite .B
Kalispell MT 59901
Dear Mr Engel:
RE: Blue Herron Townhouses Amended .Plat
of Lots 2,3 & 4 Blue Heron Estates No 1 and
Lot 26 Blue Heron Estates No 2
Municipal Facilities Exclusion
EQ#06-1118
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 76-4-125(2)(d), MCA,
this subdivision.is not subject to review, and the plat can be filed with the county clerk and recorder.
Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or
disposal of sewage are proposed 176-4-111 (3), MCA;. Construction of water or sewer extensions prior to
DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75,
Chapter 6 and Title 76, Chapter 4.
Sincerely,
t
Janet Skaarland
Compliance Technician
Subdivision Section.
Water Protection Bureau
(406) 444-1801 —email jskaarland@state.mt.us
state.mt.us
cc: City Engineer
County Sanitarian
file
Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediatlon Division
TICOR TITLE INSURANCE COMPANY
Policy No, 7403078- 1082
GUARANTEE
TICOR TITLE INSURANCE COMPANY, a California corporation, herein called the Company, guarantees the
Assured against actual loss not exceeding the liability amount stated in Schedule A which the Assured shall
sustain by reason of any incorrectness in the assurances set forth in Schedule A.
1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in
Schedule A or with respect to the validity, legal effect or priority of any matter shown therein.
2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured
because of reliance upon the assurance herein set forth, but in no event shall the Company's liability
exceed the liability amount set forth in Schedule A.
PLEASE NOTE CAREFULLY THE LIABILITY EXCLUSIONS AND LIMITATIONS AND THE SPECIFIC
ASSURANCES AFFORDED BY THIS GUARANTEE. IF YOU WISH ADDITIONAL LIABILITY, OR
ASSURANCES OTHER THAN AS CONTAINED HEREIN, PLEASE CONTACT THE COMPANY FOR
FURTHER INFORMATION AS TO THE AVAILABILITY AND COST.
Dated:'
/
Authoriz S atory
By
Attest
TICOR T1TLE INSURANCE COMPANY
�F President
Secretary
Reorder Form No. 3993 (Reprinted 12/00) Miscellaneous Guarantee Face Page
For Use In Montana & Washington
CERTIFICATE OF PLAT
+:guarantee No.: 7403078-1.082
.)rder No.: 206053324
Liability- $1,000.00 Fee: S150.00
Effective Date of Guarantee: July 10, 2006 at 7:30 AM
The Assurances referred to on the face page hereof are:
That, according to the Company's property records relative to the following described real property
:but without examination of those Company records maintained and indexed by name):
Tract of land, situated, lying; and being in the Southeast Quarter of the Southeast Quarter of Section 2,
Township 28 North, Range 22'4'i'est, P.M.M., Flathead County, Montana, and more particularly describer) as
"allows to wit:
ots 2, 3 & 4 of Blue Heron .Estates No. l and Lot 26, Blue .Heron Estates No. 2 (records of Flathead County.
;Montana).
"'he above described Tract of Land shall hereafter be known as: Blue Heron Townhouses.
Title to said real property is vested in: Charles Lapp and Mickey Lapp, as Joint Tenants.
Subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the
•irder of their priority.
FXCEPT.fONS:
1, Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes
or assessments on Real Property or by the public records. A
2. Unpatented mining claims; reservations or exceptions in the United States Patents or in Acts authorizing the
issuance thereof; water rights, claims or title to water.
3. Title to any property beyond the lines of the real property expressly described herein, or title to streets, roads,
avenues, lanes, ways or waterways on which such real property abuts, or the right to maintain therein vaults,
Tunnels, ramps, or any other structure or improvement; or any rights or easements therein unless such property,
rights or easements are expressly and specifically set forth in said description.
4. Taxes, including any assessments collected therewith, for the year 2006 which are a lien not yet payable.
5. An easement for the purpose shown below and rights incidental thereto as set forth in document:
Granted to: American Telephone and Telegraph Company, a New York corporation.
Purpose: Public Utilities.
Recorded: November 2, 1993.
Instrument No.: 93-306-0854-0, of Official Records. (Affects: Blue Heron Estates No. 1)
6. Terms and provisions of State of Montana, Department of Environmental Quality, Certificate of Subdivision Plat
Approval, recorded with Vogler Subdivision on August 6, 1997 Instrument No. 1997-218-1134-0, of O:ffiaial
Records.
7. 'Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in
Document:
Purpose: Subdivision Improvement Agreement
Recorded: August 6, 1997
Instrument No.: 1997-218-1135-0, of Official Records.
8. Easements, reservations, restrictions, notes and/or dedications as shown on the official plat of Subdivision No.
204.
Covenants, conditions and restrictions, 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 as set forth in the document. Warranty Deed
Recorded: August 29, 2001.
Instrument No.: 2001-241-1611-0, of Official Records.
10. Terms, provisions, covenants; conditions, definitions, obligations, reservations and restrictions, contained in
Document:
Purpose: Resolution No. 4783 A Resolution to provide for the Alteration of the Boundaries of The City of
Kalispell by including therein as an Annexation.
Recorded: June 9, 2003
Instrument No.: 2003-160-1107-0, of Official Records.
11. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in
Document:
Purpose: Petition to Annex and Notice of Withdrawal From Rural Fire District
Recorded: June 9, 2003
instrument No.: 2003-160-1108-0, of Official Records.
12. Easements, reservations, restrictions, notes and/or dedications as shown on the recorded plat of Blue Here,
Estates No. 1. (Affects: Blue Heron Estates No. 1)
13. Terms and provisions of State of Montana, Department of Environmental Quality, Certificate of Subdivision Plat
Approval, recorded with Blue Heron Estates No. 1 Instrument No. 2004-022-1630-0, of Official Records.-
(Affects: Blue Heron Estates No. 1)
14. Covenants, conditions and restrictions, 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 as set forth in the document.
Recorded: January 22, 2004.
Instrument No.: 2004-022-163 1 -0 AND First Amendment of Design, Guidelines, Conditions, Covenants and
Restrictions of Blue Heron Estates No. I recorded September 12, 2005 Instrument No. 2005-255-1540-0, of
Official Records. (Affects: Blue Heron Estates No. 1)
15. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in
Document:
Purpose: Subdivision Improvement Agreement
Recorded: January 23, 2004
Instrument No.: 2004-023-0912-0, of Official Records. (Affects: Blue Heron Estates No. 1)
16. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in
Document:
Purpose: Grant of Conditional Use Permit to allow the conversion of single family lots to two unit townhouse lots..
Recorded: April 20, 2005
Instrument No.: 2005-110-1201-0, of Official Records.
17. Easements, reservations, restrictions, notes and/or dedications as shown on the official plat of Blue .Heron Estates
No. 2. (Affects: Blue Heron Estates No. 2)
IS. Terms and provisions of State of Montana, Department of Environmental Quality, Certificate of Subdivision Plat
Approval, recorded with Blue Heron Estates No. 2, September 9, 2004, Instrument No. 2004-253-1230-0, of
Official Records. (Affects: Blue Heron Estates No. 2)
19, Covenants, conditions and restrictions, 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 as set forth in the document.
Recorded: September 9, 2004.
Instrument No.: 2004-253-123 1 -0 of Official Records. (Affects: Blue Heron Estates No. 2)
20. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in
Document:
Purpose: Subdivision Improvement Agreement
Recorded: September 10, 2004
Instrument No.: 2004-254-1115-0, of Official Records. (Affects: Blue Heron Estates No. 2)
21. Easements, reservations, restrictions, notes and/or dedications as shown on the unrecorded plat of Blue,:Keron
Townhouses.
22. NOTE: The property described has petitioned the City of Kalispell to be Annexed and to withdraw from the West
Valley Rural Fire Department.
THE END
Fhiq plat is provided solely for the ;
. assistinq in 91OCating the land, 1
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Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406) 758-5510
This Form is for Subdivisions & Condominiums Only
SANDS
BY:
FOR: LAPP DATE:7/2712OW
DESCP: BLUE HERON TOWNHOUSES PURPOSE: AMD PLAT
(L.24 BLUE HERON EST NO 1 & L.26 BLUE
HERON EST NOT 2 IN 2-28-22)
I hereby certify that there are no outstanding taxes on the property
assigned the assessor numbers listed b for the years indica for
each assessor number. F
Deputy Treasurer
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