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Staff Report/Final PlatCity of Kalispell Planning Department 17 - 2°" Street East, Suite 21 1, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.co REPORT TO: Kalispell Mayor and City Council FROM: Mark Crowley, Senior Planner James H. Patrick, City Manager SUBJECT: Final Plat Approval of the Amended Plat of Portion A of the Amended Plat of Two Tracts of Land in Lot l I & 12, Block 53, Kalispell Original MEETING DATE; October 3, 2005 BACKGROUND: This is a commercial subdivision that creates two lots on property located on the southeast corner of 2.d Street West and 3rd Avenue West. Each lot will accommodate one portion of the existing commercial structure. Preliminary plat approval for this subdivision was waived on June 28, 2005 subject to four conditions. The existing lot contains approximately 0.121 of an acre. Lots I and 2 will contain approximately 0.085 acres and .036 acres respectively. The neighborhood is primarily developed with commercial uses with some multi -family dwellings in the area. This property is zoned B-4, Central Business. The B-4 zoning for the property anticipates commercial uses as the primary use. The minimum lot size requirement in the R-3 zone are not applicable and there is no minimum lot width. The lots in the subdivision comply with the zoning for the property. Our office waived the preliminary plat on June 28, 2005 subject to four 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. Findings of fact for approval of the plat are found in the attached staff report KWP-05- 4 which reviews the conditions of approval and a how they have been met. RECOMMENDATION: A motion to adopt the findings of fact in the staff report and approve the resolution for the final plat would be in order. FISCAL EFFECTS: Potentially minor positive effects. KWP-05-4 MEMO Page 2 of 2 ALTERNATIVES: Respectfully submitted A" Mark Crowley-- Senior Planner As suggested by the city council. Report compiled: September 21, 2005 c: Theresa White, Kalispell City Clerk { 4 ........... ..._..._.a ----.�J Ames H.�Patrick ~'°City Manager attachments: Transmittal letter and application Staff report KWP-05-4 Plats RESOLUTION NO.5066 A RESOLUTION APPROVING THE FINAL PLAT OF THE AMENDED PLAT OF LOTS 11 AND 12, BLOCK 53, KALISPELL ORIGINAL, DESCRIBED AS A PORTION OF PORTION A OF THE AMENDED PLAT OF 2 TRACTS OF LAND IN LOTS 11 & 129 BLOCK 53, KALISPELL ORIGINAL, LOCATED IN SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Paul and Clair Beaver, the owners of certain real property described above, have petitioned for approval of the final Subdivision Plat of said property, and WHEREAS, preliminary plat approval for this minor subdivision was waived on June 28, 2005, by the Tri-City Planning Office according to Section 2.06 of the Kalispell Subdivision Regulations subject to four (4) conditions, all of which have been met, and WHEREAS, the proposed subdivision plat of said property is subject to the provisions of Section 2.06 (Preliminary Plat Process -Minor Subdivision -Preliminary Plat Waiver), Subdivision Regulations of the City of Kalispell, and WHEREAS, the Kalispell Planning Department (formerly the Tri-City Planning Office) has reviewed the proposed subdivision and made a report (KWP-05-4) to the City Council of the City of Kalispell, said report considering the criteria set forth in Section 76-3-608 MCA, and recommends final plat approval of said subdivision. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the Findings of Fact contained in Kalispell Planning Department. Report #KWP-05-4 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Paul and Clair Beaver for final plat approval of the Amended Plat of Lots 11 and 12, Block 53, Kalispell Original in Section 18, Flathead County, Montana, is hereby approved. SECTION III. The classification of said premises under the Kalispell Zoning Ordinance shall not be changed by the action. SECTION IV. That upon proper review and filing of the final plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS 3RD DAY OF OCTOBER, 2005. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor City of Kalispell Planning Department 17 - 2°4 Street East. Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 website: kalispellplanning.com September 21, 2005 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 RE: Final Plat Approval for Amended Plat of Parcel A of the Amended Plat of 2 Tracts of Land in Lot 11 & 12, Block 53 of Kalispell Original Dear Jim: Our office has received an application for final plat approval from Larsen Engineering, Inc. on behalf of Paul & Clair Beaver for a two lot commercial subdivision. Two existing commercial structures are located on the site. Preliminary plat approval for this subdivision was waived on June 28, 2005 subject to four conditions. This property is located on the southeast corner of Second Street "i1V'est and Third Avenue West. The existing lot contains approximately 0.121 of an acre or 5,270 square feet. Proposed Lot 1 will contain approximately 0.085 of an acre and proposed Lot 2 will contain approximately 0.036 of an acre thereby segregating the separate portions of the building into two lots. This property is zoned B-4, Central Business District. This area is primarily commercial in character with a mix of use in the area that exist. The B-4 zoning for the property allows a variety of commercial uses as permitted uses and is the primary use anticipated in this district. There is no minimum lot size, width requirement or setback in the B-4 zone. The subdivision complies with the zoning for the property. Our office waived the preliminary plat subject to several 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 the attached staff report KWP-05-4 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. 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. Provide a letter from the Kalispell Building Department which states the buildings comply with the applicable building codes. • This condition has been met. Attached is a building permit that includes the final inspection of the building inspector. Condition No. 3. A municipal facilities exemption be obtained from the Montana Department of Environmental Quality and a letter from the Kalispell Public Works Department stating that municipal water and sewer are available and will be provided to both lots. • This condition has been met. See attached MDEQ letter certifying the subdivision will be connected to municipal facilities. MDEQ approval is contingent upon the City's confirmation that municipal facilities are available. Also attached is the Municipal Facilities Exclusion signed by the Public Works Department. Condition No. 4. This waiver of preliminary plat approval is valid for three years and shall expire on June 29, 2008. • 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. KWP-05-41tr Page 2 of 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 has been found to be in compliance with the Kalispell Zoning Ordinance and the B-4, Central Business zoning designation assigned to the property. RECOMMHENDATION: 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-05--4 as findings of fact and approve the final plat for the subdivision. Please schedule this matter for the next regular city council meeting of October 3, 2005. You may call me at (406) 751-1850 if you have any questions regarding this subdivision. Sincerely, Mark Crowley, CFM Senior Planner Attachments: Vicinity map 1 opaque mylar 1 reproducible mylar 1 paper copy Staff Report KWP-05-4 Final plat application Letter from TCPO for pre plat waiver dated 6/28/05 Kalispell Building Permit #B05-202 DEQ approval #E.Q. #06-1253 dated 8/24/05 Municipal Facilities Exclusion Checklist dated 8 / 8/ 05 Treasurers Certification. dated 9/ 15/05 Title Report from Ticor Title dated 9/9/05 Consent to plat dated 9 / 9/ 05 C: Larsen Engineering, Inc., P. O. Box 2071, Kalispell, MT 59903-2071 Paul & Clair Beaver, 234 Second Street East, Kalispell, MT 59901 Theresa White, Kalispell City Clerk H: \ FRDO\ REPORT'S \KALISPEL\KWP\05 \ KWP-05-4 Itr. DOC KWP-05-41tr Page 3 of 3 AMENDED PLAT OF A PORTION OF THE AMENDED PLAT OF 2 TRACTS OF LAND IN LOTS 11 & 12, BLOCK 53 OF KALISPELL ORIGINAL KALISPELL PLANNING DEPARTMENT STAFF REPORT K'W'P-05-4 REVIEW AND FINDINGS OF FACT SEPTEMBER 21, 2005 This is a report to the Kalispell City Council for findings of fact for a two lot commercial subdivision. Preliminary plat approval for this minor subdivision was waived on June 28, 2005 subject to four conditions. BACKGROUND: This is a commercial subdivision, that creates two lots. The lots will accommodate a portion of the existing commercial building. This property is zoned B- 4, Central Business District. A. Applicant: Paul & Clair Beaver 234 Second Street West Kalispell, MT 59901 (406) 755-4140 Technical Assistance: Larsen Engineering & Surveying, Inc. P. 0. Box 2071 Kalispell, MT 59903-2071 (406) 752-7808 B. Location: The property is located on the southeast corner of 2r1d Street West and 3rd Avenue West. It can be described as a portion of Portion A of the Amended Plat of 2 Tracts of Land in Lot 1 I & 12, Block 53, Kalispell Original in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C. Size.. D. Total area: 0.121 acre Lot 1: 0.085 acres Lot 2: 0.036 acres E. Mdsting and Adjacent Land Uses: Currently this property is developed with two commercial buildings that will remain and will be conveyed separately as a result of this subdivision. The area is primarily commercial uses with some multi -family dwellings in the area. F. Zoning: The property is zoned B-4, Central Business District. This zoning district has no minimum setback, lot width requirement or minimum lot size ICWP-05-4 Beaver's Pagel of 4 requirement. The proposed lots are in compliance with the zoning. The primary anticipated land use is commercial. G. Relation. to Growth Policy: The property is designated as Commercial in the Kalispell Growth Policy 2020. The existing B-4 zoning and the proposed uses for the site comply with the anticipated development for the area. H. Utilities: Water and Sewer: Electricity: Telephone: Gas: School: Police: Fire Protection: City of Kalispell Flathead Electric Coop CenturyTel Northwest Energy School District #5, Kalispell City of Kalispell 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 to significantly impact the service provided by the district. A fire hydrant is located across the street from this property to the west. Vegetation and topography: The property is level and has limited mature vegetation. B. Effects on Wildlife and Wildlife Habitat: The subdivision is not mapped in big game habitat winter range and does not provide habitat to significant wildlife other than some birds and small animals with occasional deer in the area. C. Effects on the Natural Environment: The subdivision will be served by City of Kalispell water and sewer minimizing impacts to groundwater. There is no surface water or ground water in the area that can be anticipated to be impacted when this property is developed. Any impacts on the natural environment related to this subdivision will be insignificant. D. Effects on Local Services: KWP-05-4 Beaver's Page 2 of 4 Sewer and Water: The City of Kalispell will provide water and sewer service to the property and currently serves the existing buildings. There are existing water and sewer mains directly accessible to the site and no new water or sewer mains will be needed to be extended to service this property. Access and Roads: Access to the site can be obtained directly from 2-d Street Nest or 3rd Avenue West. This is an existing City street that is owned and maintained by the City of Kalispell. It is approximately 24 to 28 feet wide and does have a curb or sidewalk. The additional lot is developed with a commercial building. The impacts to the roadways in the area will be minimal. Schools: This property is within the boundaries of School District #5, Kalispell. This subdivision is commercial in nature and will have no impacts on the enrollment of the school district. Parks: Parkland dedication is not required for commercial 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. Refuse Disposal: Refuse disposal will be provided by the City of Kalispell. 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 subdivision is in the urban area of Kalispell and the area has been developed to an urban density. This property has not been used for agricultural purposes in the past and will have no effect on agricultural activities in the Valley. F. 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 KW -05-4 Beaver's Page 3 of 4 regulations, (7) there are 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. This subdivision is in substantial compliance with the Kalispell Subdivision Regulations. G. Compliance with the Kalispell Zoning Ordinance: This subdivision. complies with the minimum lot size and lot width requirements of the B-4, Central Business District. Each lot meets the requirement for the current and proposed uses on the property. The subdivision complies with the zoning for the property. RECOMMNDATION Staff recommends that the Kalispell City Council adopt Staff Report KWP-05-4 as findings -of -fact for the proposed subdivision and approve the final plat. Staff. MDC KWP-05-4 Beaver's Page 4 of 4 Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricityplanning�:centurytel.net www. ricitypiannin-mt.com June 28, 2005 Larsen Engineering & Surveying, Inc. P.O. Box 2071 Kalispell, MT 59903 Re: Waiver of Preliminary Plat Approval Amended Lot 12, Block 53, Kalispell Original Dear Ardis and Jeff: This letter is in response to your request for waiver of preliminary plat approval on behalf of your clients Paul and Clair Beaver for a two lot commercial subdivision located at the southeast corner of Third Avenue West and Second Street West in Kalispell. The lots will be approximately 0.085 and 0.036 of an acre with each lot occupied by existing buildings. This property is currently zoned B-4, Central Business District and can be described as Amended Lot 12, Block 53, Kalispell Original in Section 18, Township 28 North, Range 21 West, PMM, Flathead County, Montana. Our office can find that the proposed subdivision meets the preliminary plat waiver criteria as provided for under Section 2.06 of 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: 1. That the final plat is in substantial compliance with the preliminary plat that was waived. 2. Provide a letter from the Kalispell Building Department which states the buildings comply with the applicable building codes. 3. A municipal facilities exemption be obtained from the Montana Department of Environmental Quality and a letter from the Kalispell Public Works Department Providing Community Planning Assistance To: • City of Columbia Falls • City of Kalispell • City of Whitefish • Beaver Preliminary Plat Waiver June 29, 2005 Page 2 stating that municipal water and serer service are available and will be provided to both lots. 4. This waiver of preliminary plat approval is valid for three years and will expire on June 29, 2008 Waiver of preliminary plat approval does not constitute approval of the subdivision.. Please note that prior to final 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, Thomas R. Jentz Director TJ/NW LETTERS\W.A1VEPP\45 \BEAVER.D QC LARSEN ENGINEERING & SURVEYING, INC., P.C. 780 Two Mile Drive P.O. Box 2071 Kalispell, MT 59903-2071 June 7, 2005 Attn: Narda Wilson Tri-City Planning Office 17 Second Street East -Suite ' � 1 Kalispell, IVIT 59901 Tele (406) 752-7808 Fax (406) 257-4051 E-mail: jlarsen C@montanasky.net Re: Paul and Clair Beaver Lot 12 Blk. 53 of Kalispell (0443100) Dear Narda: We are hereby requesting a Preliminary Plat waiver for the above referenced project. The project does not require parkland and no new internal roadways are proposed. Therefore, it meets the requirements of a Preliminary Plat waiver request. If you have any que-stions, please call me at 752-7808. truly yours; : ' {` s M. Larsen RL" CWD OF PRII-APPLICATION IYI "�T'100 'rkl-CffY PLANI1I R0 OWICIII i . t * i ..... i . 1 a . # .. 4 . • ...... 0 .... 0 . 6 ......... . DAY &DATE...- $1i 0 SURVEYORfENGIiViEEF! SUBDIVIDER/APPLICANT SUBDIVISION NAME LOCATION LEGAL DESCRIPTION TYPE OF DEVELOPMENT Gam. OTHER PERSONS PRESENT, ,. ITEMS FQP t01�ION .I!.4?itiN� 9. General Subdivision Prsicess _ Z 2, Proposed Land Use & Zoning. 3. Review of proposed Plat & Site Plan- a, NoMber of lots... ,-�—'�— b. Size Of lots _ _ c. Loeadon of Easements d. Water/Sealer system e. Topography & Storm nrainage _.. --- f. Tract & Lot Bounstaries g. Ingress & Egren- h. Paris & open Space xtxv' � __ __ "�69� rr7 • � _--- I. Existing Structurestimprove'I'Ients .. j. Proj"sest structures/improvement5X. Environmental Assessment Required? � ,.._ �—____..._ _ 4. Conformity to Comi5rehansive Plan— .. .. 5_ if Ma:;ter Plan IS Required _ 6, Deslgn & improvement Standards GENERAL COMMENTS_ Ptanner LARSEN ENGINEERING & SURVEYING, INC., P.C. 780 Two Mile Drive P.O. Box 2071 Kalispell, MT 59903-2071 September 15, 2005 City of Kalispell Planning Department 17-2nd Street East Suite 211 Kalispell, MT 59901 Tele (406) 752-7808 Fax (406) 257-4051 E-mail: jlarsen@montanasky.net Re: Amended Plat of Portion A the Amended Plat of 2 Tracts of land in Lot 11 & 12, Bllc. 53 of Kalispell Montana.(Beaver`s) Dear Sir or Madam: Attached with this letter is the Final Plat application and required attachments for the above referenced project. Following is an item listing of haw each condition of approval was handled: 1. The final plat is in substantial compliance with the preliminary plat. 2. Copy of the letter from Kalispell Building Dept. is attached. 3. Copy of D.E.Q. is attached. 4. No comment. If you have any comments or questions, please call me at 752-7808 i��r yours Ardis M. Lars n Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions & Condominiums Only By: LARSEN SURVEYING FOR: BEAVER DESCP: AMD PARCEL A OF AMD PTN L11 & 12 BLK 53 KALISPELL 18-28-21 YEARS ASSESSOR # 2000 THRU 2004 0443100 ---------- ---_-- -- & TO DATE DATE: 7/21 /2005 PURPOSE: AMD PLAT I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. Deputy Treasurer (seal) Montanat of EwIRONMENTAL Q UIAIITY P.O. Box 200901 Helena, NIT 59620-0901 August 24, 2005 Larsen Engineering & Surveying Inc Jeff H Larsen PE PLS PO .Box 2071 Kalispell MT 59903 Dear Mr Larsen: Brian Schweitzer, Governor • (406) 444-2544 www.deq.mt.gov RE: Amended Plat of Parcel A of the Amended Plat of 2 Tracts of Land in Lot 11 & 12 Blk 53 of Kalispell Municipal Facilities Exclusion EQ#06-1253 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 {76-4-111 (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, VI Janet Skaarland Compliance Specialist Subdivision Section Water Protection Bureau (406) 444-1801 — email jskaarland@mt,gov CC' City Engineer County Sanitarian file rnforcement Division • Permitting & Compliance Division • Planning, Prevention &Assists nee Division ° Remediation Vivision MUNICIPAL FACILITIES .EXCLUSION CHECKLIST (Formerly Master Plan Exclusion) Below please find the information required under §76-4-12, MCA, regarding a municipal Facilities exclusion for this subdivision within a growth policy area or first-class or second-class municipality. Use of this checklist is only appropriate when the municipality is providing the water and sewer main service and when the municipality engineering staff is reviewing the plans and specifications prior to approval. Name of subdivision: Amended Plat of Portion the Amended Plat of 2 Tracts of Land in Lot 11 &. 12, Blk_ 53 of Kalispell, Montana. Applicant: Name Paul & Clair Beaver Address 234 2nd St. W., Kalispell, MT 39901 Engineer: Name Larsen Engineering & Surveying, Inc. Address P.O. Box 2071, Kalispell, MT 59903 4. Copy of the preliminary or final plat: Attached ® Number of parcels its the subdivision S. A copy of any applicable zoning ordinances in effect: Attached ® Not applicabl:- ❑ 6. How construction of the sewage disposal and water supply systems or extensions 1� i.1 be financed (method of financing) N/A 7. Certification that the subdivision is: (Check one) (� Within a jurisdictional area that has adopted a growth policy. Within a first-class municipality ❑ Within a second-class municipality $. Copy ofgroivth policy: Attached ❑ On file ® Not applicable ❑ 9. Location of the subdivision to the city- or town, vicinity map attached: Yes ® ' TO ❑ 10. Will the owner of the municipal facilities own, operate, and maintain the water suppiv, sewage disposal, solid waste, and storm water facilities? Yes 2 No ❑ 11. All water and sewer mains or extensions as defined in §76-4-102, MCA, (a main or extension is any line that serves more than one building or living unit) will be under the control and maintenance of the certifying municipality? Yes ® No ❑ 12. Will the existing water main(s) need to be extended to serve the subdivision'? Ye:: ❑ No 13. Will the existing se -aver main(s) need to be extended to serve the subdivision? Yes ❑ No Eg 14. Exclusion Checklist review fee ($75) included: Yes 0 No ❑ 15. 1 certify that adequate municipal facilities for the supply of water and disposal of sewage and solid waste are available or will be provided within one (1) year after notice of cer-iycation is issued, and I certify that the governing body has reviewed and approved plans to ensure adequate storm water drainage. I further certify that 1 am authorized to sign this form on behalf of the governing body. Name Signature g a a F,4l1-1v k. C,4-s r-,E S Department 'Title City Zip Code Phone -f�-� S i� >✓c _ 5-9 9 0 t Q-U — 756 — -7 'I Z'0 Please sign and send vvith the $75 revieLv fee to: MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY SuBDNISION REVIEW SECTION, PERWrTING &; COMPLIANCE DIVISION PO BOX 200901 HELENA MT 59620 Revised 12/03 COMPUFORMt 14045875090 P..01 JURISDICTION of the CITY of KALISPELL Permit # B 05-202 248 3rd Avcrmc East Kalispell, MT 39901 BUILDING PERMIT (40M 758-7730 PAX 1404% 758-7716 ;fob Addy 234 2nd St't [ aiisRe JIMT. 59901 1 Block Lot, lie Adtti#ian: � . '• ' 'essoc Nib:-'-.,, Contractor 5I_W Reservebr Kalispell __ _ C-1 5 9901-_� Ph; 406 270-7545 � Call: Architect or Engineer Zoaing & Setbado F t . Side Rear Side Cow opening between 2 buildings with a frawail 7 77- Deaver,aul- Q34 2rtd St W Kaii�- srclM"T1S 9901- j Tad 1tiSrrc' T D 406 755-4140 ; ilse Of Bulkiin Store ,I Class Of Work L-Modifcation. T ofCunstructiola cc gffy. Grtr p_ dumber of Stories max Occupan�_,9ad toC i= _..� Parlkin Regalred na hood Zone MeterSize Special Conditions ►' Iaspections Required - 24 Hour Notice Required Type Insp, by Date �Ftrewalls _ _....___.J _� _ Fracttitn:: Caxrrat rciat Project Valuation $900.00 $uaiding Permit Fee 12.10 Plan Review Fee 0,00 Zoning Fee 4,20 Tire iS revm6m Fee 4.70 Water Connection Fee 0,00 Sewer Connection Fee 0.00 Finakd MisceilaneouslAdjusting $0.00 .�- Charges t ��,_•,� Total Fees $21.t!(i t1t42 Q AJNT -. Pi.EAS -READ l�EFORZ SIC1�1ING ���r' No plwttbing or framing shall be covered until such work has been inspected and approved. Separate permits are ctquired for etcetric, plumbing, heating, ventilation and air conditioning. This permit becorms null and void ifwock or construction authorized is not commented within 180 days, or if work or wnstrtsction is mspendncl or abandoned fora period of 180 days at any tiale after work has commenced. l hereby certify that i have read and examined this application and know the satne to bt true and cotrect. All provisions of laws and.orlinances covering this type of work will be complied with whether specified herein or not. Granting of a perrtrit done not prestkrric to ve n thori violate or cancel the provisions of any state or local law regulating construction. 12-lay-05 cash Siguatttr - Please fto here Issue Aalt: Check Number TICOR TITLE INSURANCE COMPANY Policy No. 7403078- 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:. _. By Attest TICOR TITLE INSURANCE COMPANY 4F President Secretary Reorder Form. No. 8993 (Reprinted I2/00) Miscellaneous Guarantee Face Page For Use In Montana & Washington CERTIFICATE OF PLAT Guarantee No.: 7403078-1091 Order No.: 206053462 Liability: $1,000.00 Fee: $150.00 Effective Date of Guarantee: August 18, 2005 at 7:30 A11'l. The Assurances referred to one 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): A Tract of land situate, lying and being in the NEIA of Section :18, Township 28 North, Range 21. West, PAN .M., Flathead County, :Montana and more particularly described as follows: Beginning at the Northwest corner of :Lot .12, :Block 53 of Kalispell, Montana, according to a map or plat on file and of record in the office of the Flathead County Clerk and Recorder; thence North 76°.11100" East along the north line of said .Lot 12, 100.00 feet to a point; thence South 1.3°49'00" .East 50.00 feet to a point on the north line o.f.lAt .1.1.; thence South 13°49'00" East, 10.00 feet to a point; thence South 76°1.1'00"' West, 26.00 feet to a point; thence North 13°49'00" West, 10.00 feet to a point on the south line of said Lot 12; thence South 76°.11'00" Vest, 74.00 feet to the southwest corner of said Lot .11; thence North .13°49'00" West 50.00 feet to the .Point of Beginning. The above describe(] property shall be known as the Amended Plat of Parcel A of the Amended flat of 2 tracts of land in l:,ots .11. and 1.2, Block 53 of Kalispell, Montana. Title to said real property is vested in: Paul K. Beaver and Clair Beaver, as joint tenants Subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. EXCEPTIONS: 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. 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 2005 which are a lien not yet payable. CERTIFICATE OF PLAT Order No: 206053462 Policy No: 7403078-1.091. 5, A Deed of Trust/Trust Indenture to secure an indebtedness in the amount show below and any other obligations secured thereby: Amount: $88,200.00. Trustor/Grantor: Paul K. Beaver and Claire Beaver, Trustee: Citizen's Title & Escrow Co. Beneficiary: Whitefish Credit Union Association, Dated: April 17, 2003 Recorded: April 21, 2003. Instrument No.: 2003-111-1356-0, of Official Records. 6. Easements, reservations, restrictions, notes and/or dedications as shown on the preliminary plat of the Amended Plat of 2 tracts of land in Lots I I and 12.. Block 53 of Kalispell, :Montana. NOTE: The above described property appears to be located within the Kalispell Fire District. THE END WIMBFISH CRZDIT UNION 234 East Montana Street, Kalispell, Mt 59901 Phone (406) 257-3123 Fay(406)257-t560 CONSENT TO PLAT This is in regard to the Amended Plat of Parcel A of the Amended plat of 2 tracts of land in Lots 11 and 12, Block 53 of Kalispell, Montana. NE1/4 OF SEC. 18, T. 28 N., R. 21 W., P.M.M., FLATHEAD CO., MONTANA The WHITEFISH CREDIT UNION does hereby consent to the filing of said subdivision. Dated this 9th day of September, 2005. 5 Doug Johnson Loan Officer, WHITEFISH CREDIT UNION STATE OF MONTANA COUNTY OF FLATHEAD On this T�� day of . 39�W>9w , 20 DS , before me the undersigned NotaTV Public for the State of Montana, personally appeared John-kyl , known to me to be loan officer of the TEFISH CREDIT UNION and that $be executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WI-IEREOF , I have set my hand and affixed my official notary seal the day and year in this certificate first above written. Notary Public for the State of Montana Cite of Kalispell Manning Department 7 - 2 `3 Street 1 lSt, SUiii'. 2111 Kafispell Moritina 59)t:1 Fax: =iEhis) 75i-185S FINAL PLAT APPLICATION Project /Subdivision Name:`�'W /' M Contact Person: Owner & Mailing A 4ress: 0 JET n x Aa ress: _.......T 2 --- a-4 Phone No.: ,r Date of Preliminary Plat Approval:,:. _ -m.K Type of Subdivision: Residential Industrial Commercial X—PUD her Total Number of Lots in Subdivision. _2 Land in Project (acres) Parkland (acres) ._ Cr:::1-ixx-Lieu $ ._ Exernp-_ .... _. No. of Lots by Type: Single Family _ Townhouse: Mobile Home Park _..... Duplex Apartmen Recreational Vehicle Park Commercial _ ._.__ Industrial Planned Unit Development /1��ICA Condominium _ _ Multi-Farr..11_v Other . Legal. Description of the Property e "7 �� �/¢�� �'�L�G'.- � _ � � ��• f � �r/�. .� ' 117 FILING FEE ATTACHED Minor Subdivision with approved preliminary plat $400 + $100/1. Major Subdivision with approved preliminary plat $650 + $100/ 1.-1- Subdivisions with Waiver of Freliminary Plat $600 + $I00/ c Subdivision Improvements Agreement $ 50 Attached Not Applicable (MUST CHECK ONE) Health Department. Certification (Original) Title Report (Original, not more than 94 days old,; Tax Certification (Property taxes must be paid) Consent(s) to Plat (Originals and notarized) Subdivision Improvements Agreement (Attach colateral) Parkland Cash -in -Lieu (Check attached) Maintenance Agreement Plats: 1 opaque OR 2 mylars 1 mylar copy 1 signed blue..=:-- 4 bluelines 4 bluelines, unsigned I IX17 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 ind,..-:-i.dually state how each condition has specifically been met. In cases where documentation is req,Bred, such as an engineer's certification, State Department of Health certification, etc., originad 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 t expiration date of the preliminary plat. When all application materials are submitted to the Kalispell Planning Departrr,.^nt, 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 applicationa 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 recer.:3ideration by the planning board. I certify that all information submitted is true, accurate and complete. s understand that incomplete information will not be accepted and that false information will delay th.e 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 iiaal plat applications be accompanied with a digital copy. Signature Date **A digital copy of the final plat in a Drawing Interchange File (DXF) format or an A.utoCAD file format, consisting of the following lavers: 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 laws d survey system. NOW i ti � v $! ,., l ,. _::...; . FAWEAD=G;;.:'MONTANA 10 tairw me r -. 1v y y � r y 1 wui? a rusk M ` 4 �... K NAEMM .." ... '. .' N.. .. MWE .. . ... .. iQs � . � � �_ .. ... .. ... ... � � .• AAi6:ItCA@5:(6NDSS R:IEf} � ..._. .. At .. x. Wry AiRES ifR95S'I: tkip S r y 1 XCF :..:.'..:.�.:..:.:.:_w.;.::-- .....::_:..:�•.:.:. :.:.....:. __.:._..:_......_ ...•;::..�_�c,..,.t.�.':r;�':�;::�-.•...�_• — —' .....:...:... ......:. ..... .:...... _ .. - - -.... _ —TOTAL alai-neR ass ..... 0.'!2i �A�ES�I'IECj .