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Staff Report/Final Plat, Phase 2Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity(2,ce nturytel. net wwwAricityplanning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Frank Garner, Interim City Manager SUBJECT Final Plat for Empire Estates Subdivision Phase 2 MEETING DATE: October 18, 2004 BACKGROUND: This is a request for final plat approval of Empire Estates, Phase 2 that plats 33 single-family lots, 26 sublots for a total of 59 lots on approximately 11.078 acres. This subdivision is located on the east side of Stillwater Road north of Three Mile Drive. As required a minimum of two thirds of the required infrastructure has been constructed in accordance with City standards with the remaining improvements being addressed with a subdivision improvements agreement in the amount of $185,777 and a letter of credit in the amount of 125 percent or $232,221. It is anticipated that the improvements will be completed by May of 2005. This property was annexed to the city and given a zoning designation of R-4, Two Family Residential. Phase 1 of Empire Estates was given final plat approval in June of 2004 and building activity has been brisk. When the property was annexed into the city, the subdivision was given. preliminary ..... ...... ..plat approval by the Kalispell City Council on July 7, 2003 subject to 18-conditions. The attached transmittal letter outlines the conditions of preliminary plat approval for this subdivision and a discussion of how they have been met or otherwise addressed. RECOMMENDATION: A motion to accept the subdivision improvements agreement and approve the final plat for Empire Estates Subdivision Phase 2 would be in order. FISCAL EFFECTS: Potential positive impacts once developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, Narda A. Wilson. Frank Garner Senior Planner Interim City Manager Report compiled: October 13, 2004 Providing Community Planning Assistance To: • City of Columbia Falls • City of Kalispell • City of Whitefish • Final Flat for Empire Estates Phase 2 October 13, 2404 Page 2 Attachments: Letter of transmittal Vicinity map Final plat Final plat application and supporting documents Tri-City Planning Office 17 Second Street East— Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 trieity@centu rytel.net October 13, 2004 Chris Kukulski., City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Empire Estates, Phase 2 Dear Chris: Our office has received an application from Wayne and Hurbert Turner for final plat annrnval of Frnnire Estates_ Phone 2 that nlats ..1 sinrrle-family lots 96 RifhJntc for n total of 59 lots on approximately 11.078 acres. This subdivision is located on the east side of Stillwater Road north of Three Mile Drive. As required a minimum of two thirds of the required infrastructure has been constructed in accordance with City standards with the remaining improvements being addressed with a subdivision improvements agreement in the anxount of $185,777 and a letter of credit in the amount of 125 percent or $232,221. This property was annexed to the city and given a zoning designation of R-4, Two Family Residential.. When the property was annexed into the city, the subdivision was given preliminary plat approval by the Kalispell City Council on July 7, 2003 subject to 18 conditions. The following is a list of the conditions of preliminary plat approval for this subdivision and a discussion of how they have been met or otherwise addressed. COMPLIANCE WITH CONDITIONS OF APPROVAL Condition 1. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the location of lots and roadways within the subdivision. This condition has been met. The subdivision is in substantial compliance with the approved preliminary plat. Condition 2. That the roadways serving the subdivision shall be constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell for local streets. This condition has been met. A certification from WMW Engineering dated October 7, 2004 has been submitted with the final plat. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish • Final Plat for Empire; Estates Phase 2 October 13, 2004 Page 2 Condition 3. That a letter be obtained from the Kalispell Public Works Department approving the plans and specifications for water, sewer and drainage facilities for the subdivision. • This condition has been met. A letter from the Kalispell Public Works Department dated 9/23/03 approving the construction plans for the project has been submitted with the final plat. Condition. 4. A letter from an engineer licensed in the State of Montana certifying; that the improvements have been installed according to the required specifications shall be submitted at the time of final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City standards. • This condition has been adequately addressed. A letter from WMW Engineering dated 10/7/04 certifying the improvements have been installed in accordance with the approved plans and specifications has been submitted with the final plat along with a subdivision improvements agreement to cover the remaining improvements_ A Ietter from the Kalispell Public Works Department dated 10/8/04 approving the improvements to date has been included with the final plat application. Condition S. Development of the landscape boulevard with location of street trees shall be placed in accordance with a plan approved by the Kalispell Parks and Recreation director. • This condition has been adequately addressed. A letter dated 10/1/04 approving ............................................................................ the landscape plan. has been submitted with the final plat. The cost of the improvements has been included in the subdivision improvements agreement. Condition 6. A storm water drainage plan which has been designed by an engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department. This condition has been met. A letter from the Kalispell Public Works Department dated 9/26/03 has been submitted with the final plat. Condition 7. That a developer funded traffic analysis be performed that assesses the impacts to all of the transportation systems in the immediate area under multiple jurisdictions with a single study done under the Montana Department of Transportations systems impact process through the Helena headquarters office. This would be a comprehensive review including, but not necessarily limited to system capacity, signal warrants and access issues for Three Mile Drive, Stillwater Road, the Bypass along with a review of impacts on Meridian Road and other local routes. All City policies and ordinances shall be met through this process. Final Plat for Empire Estates Phase 2 October 13, 2004 Page 3 This condition has been met. A traffic impact analysis performed by Peccia and Associates was submitted with the final plat along with a letter from, MDOT dated 1/ 13/04 addressed to Jim Hansz, City of Kalispell Public Works Director. The letter from MDOT prohibits access to the Kalispell Bypass, However, the first phase of this subdivision is not impacted by this report. Condition 8. That the developer obtain a letter from the Flathead County Road Department approving the new intersections with Stillwater Road and the new internal subdivision roads and shall include a post construction inspection that certifies any necessary improvements have been .trade. This condition has been adequately addressed. A permit from the Flathead County Road Department dated 10/24/03 has been submitted with the final plat with the remaining work being included in the subdivision improvements agreement. Condition 9. That a minimum 20-font buffer strip shall be established between Three Mile Drive and Stillwater Drive and the subdivision that would include a bike and pedestrian trail and buffering in the form of a landscape berm. or other acceptable landscaping. These improvements are to be coordinated with the Kalispell Public Works Department, Parks and Recreation Department and Flathead County. This condition has been adequately addressed. The required buffer has been indicated on the final plat and the required improvements have been included in the subdivision improvements agreement. Condition, 10.The _ road within the subdivision shall be named and signed in accordance -with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. This condition has been adequately addressed. The road signs have been included in the subdivision improvements agreement, Condition 11. The developer shall provide a letter from. the U.S. Postal Service approving the plan for mail service. This condition has been met. A letter from the USPS has been submitted with the final plat. Condition, 12. That the parkland dedication requirements shall be one -ninth or I percent of the area in lots or 4.516 acres. The 1.748 park area as indicated on the plat will meet that requirement in part. The remaining 2.768 acres shall be addressed through cash in lieu of parkland in the amount of $15,000 per acre or $41,520 which shall be used for development of the park area coordinated through the Kalispell Parks and Recreation Department. Final Plat for Empire Estates Prase 2 October 13, 2004 Page 4 • This condition has been met. A pro-rata share of the cash in lieu of parkland requirement in the amount of $15,000 has been submitted with the final plat. Condition 13. A maintenance agreement for the park and common areas shall be included with the final plat. • This condition has been met. Maintenance of the common areas has been included with the homeowners association's bylaws. Condition 14. Street lighting shall be located within the subdivision, and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. • This condition has been adequately addressed. Street lighting has been included in the subdivision improvements agreement. Condition 15. That the lots within the subdivision be reconfigured so that all lots meet the minimum 50-foot lot width requirements of the R-4 zoning district and the minimum lot size requirements of 5,000 square feet exclusive of any easements. This condition has been met. The lots in the subdivision comply with the R-4 zoning for the property. Condition 16. That a minimum of two-thirds of the necessary infrastructure for each phase of the subdivision shall be completed prior to final plat submittal. With the filing of the final plat for each phase, an addition three-year extension shall be automatically granted for subsequent phases. .... ... ... ....... . . • This condition has been met. Two thirds of the improvements have been completed with the remaining one third, primarily paving and sidewalks, has been included in the subdivision improvements agreement. Condition 17. All areas disturbed during development of the subdivision shall be re - vegetated with a weed -free mix immediately after development. • This condition has been adequately addressed. The revegetation of the disturbed areas has been included in the subdivision improvements agreement. Condition 18. That preliminary approval shall be valid for a period of three years from the date of approval. • This condition has been met. The final plat for Phase 1 has been submitted prior to the expiration of the preliminary plat. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was reviewed and approved by the City Council on June 7, 2003. Final Plat for Ernpire Estates Phase 2 October 13, 2004 Page 5 COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations except as otherwise addressed by variance to the design standards for lots, Section 3.06 for through lots or reverse lots. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision can be found to be in compliance with the Kalispell Zoning Ordinance and the R-4, Two Family Residential, zoning designation for the property which governs the dimensional requirements of the lots within the subdivision as well as the uses. RECOMMENDATION: All of the conditions of preliminary plat approval have been, met or otherwise adequately addressed. The staff would recommend that the Kalispell City Council approve the final plat for Empire Estates Subdivision, Phase 2. Please schedule this matter for the regular city council meeting of October 18, 2004. Sincerely, Narda A. Wilson Senior Planner ............ ......... . NW/ Attachments: Vicinity map Reduced plat showing subdivision I opaque mylars of final plat 1 reproducible mylar of final plat I copy of final plat Ltr from Turners dated 10/ 11/04 Final plat application no date Ltr from MDEQ dated 10/7/03 Ltr from Kalispell Public Works Dept dated 10/8/04 Ltr from Kalispell Public Works Dept dated 6/ 1/04 Ltr from Kalispell Parks and Rec dated 10/ 1/04 Permit from Co Road Dept dated 10/24/034/2/04 Ltr from LISPS no date Treasurer's certification dated 10 / 8 / 04 Title report dated 10/ 1 /04 Final Plat for Empire Estates Phase 2 October 13, 2004 Page 6 Consent to plat various dates Ltr from WMW Engineering dated 10/7/04 Subdivision improvements agreement 10/11/04 Letter of credit for $250,000 from West One Bank dated 10/8/04 Cash in lieu of parkland check for $15,000 c: Sands Surveying, Inc., 2 Village Loop, Kalispell MT 59901 Wayne E. Turner, 3300 Hwy 2 West, Kalispell, MT 59901 Theresa White, Kalispell City Clerk H: t... \ KFP0407 EMPIRE ESTATES PHASE2 APPENDIX E SUBDIVISION IMPROVEAMNT AGREEMENT THIS AGREEMENT, made and entered into this day of , 2004, by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Parry of the First Part and hereinafter referred to as the CITY, and Wayne E. Turner (Name of Developer) a Individual (Individual, Company or Corporation) located at 3300 Hi hwa 2 West Flathead Count Montana 59901 , (Street Address/P. O. Box) (City, County, State, Zip) Party of the Second Part and hereinafter referred to as DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as Empire Estates - Phase 2 (Name of Subdivision) located at Section 1 Township 28 North Ran e 22 West P.M.A., Flathead Coup (location of Subdivision) and, WHEREAS, the City has conditioned it's approval of the final plat of Em ire Estates - Phase 2 upon the conditions as set forth in the Preliminary Plat of the Subdivision (Name of Subdivision) .._being completed -and all improvements,_ as cited in "Exhibit A" have not been completed at this ............. _.................... ................ time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A"; and WHEREAS. the Citv's Snhdivi�ion Repnlntion.e reniflre that a zAdivider shall nrnvirli- a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit B" ; and WHEREAS, the estimated total cost of construction of said improvements is the sum of $ 185,777 _. NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: 1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City Council, in the amount of $_ 232,221 . Said Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days following the date set for completion of the improvements, certifying the following: a. That the creditor guarantees funds in the sum of $ 232,221 the estimated cost of completing the required improvements in Empire Estates - Phase 2 (Name of Subdivision) b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limited of credit stated in the letter; 2. That said required improvements shall be fully completed by May 1 , 2005. 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a, All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of one (1) year from the date of acceptance of the completion of those improvements by the City; c. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been tiled with the City; and, ................ ..... f. All applicable feesand surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in conformance with said specifications. IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT: That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written Empire Estates - Phase 2 (Name of Subdivision/Developer/Finn) by Wayne E. Turner l -Ot) Developer (Title) STATE OF MONTANA COUNTY OF FLATHEAD ............._.........................................._............ ................... ............ .. On this .11j day of � d , 2004, before me, a Notary Public for the State of Montana, personally appeared known to me to be the "'e _ °f p f ses�lc whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year first above written. Notary Public for th" State of Montana Residing at s My Commission Expires 1 /6 " MAYOR, CITY OF KALISPELL ATTEST: MAYOR FINANCE DIRECTOR ., rl, 4,i• IMPROVEMENTS EXHIBIT B EMPIRE ESTATES PHASE 2 PROJECT CONSTRUCTION COSTS PAID FOR AND/OR TO BE COMPLETED COMPLETED Sub -Grade Excavation $ 16,268 Road Base $ 36,000 3/4 Crushed Gravel Curb/Gutter Water $ 54,940 Sewer $ 50,220 Storm Drainage $ 19,500 Telephone $ 14,621 Power $ 43,74I Conduit $ 23,800 Gas $ 17,596 Misc. Materials (Pipe, $125,000 catchbasins and appurtenances) Landscaping/Bike Path Paving Sidewalks Street Signs TOTAL $ 401,686 SUMMARY Completed To Date $ 401,686 To Be Completed $ 185,777 Total Project Cost $ 587,463 Percent Completed = 68.4% $ 10,064 $ 50,725 $ 1,000 $ 500 $ 500 $ 23,300 $ 50,876 $ 48,412 $ 400 $ 185,777 Total Collateral Required = 125% of $185,777 = $232,221 COMPLETION DATE cc s4 October 11, 2004 Narda Wilson, Senior Planner Tri-City Planning Office 17 Second Street East, Suite 211 Kalispell, MT 59901 RE: Empire Estates Phase 2 Dear Narda: Attached please find the materials required for the review of Empire Estates, Phase 2 final plat. This was granted preliminary plat approval on July 7, 2003 and will expire on June 7, 2007. The following is the list of Conditions of Subdivision Approval and hoar each Condition was met, 1. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the location of lots and roadways within the subdivision. The final plat submitted for Phase2 is in substantial compliance with the approved preliminary plat. 2. That the roadways serving the subdivision shall be constructed in accordance with the adopted Design and construction Standards for the City of Kalispell for local streets. Please refer to the attached letters from WMW Engineering and the City of Kalispell, Department of Public Works. ......... .... 3. That a letter be obtained from the Kalispell Public Works Department approving the plans and specifications for water, sewer and drainage facilities for the subdivision. Please refer to the attached letter from Kalispell Public Works Department. 4. A letter from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required specifications shall be submitted at the time of final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City standards. Please refer to the attached letters from WMW Engineering and Kalispell Public Works Department. 5. Development of the landscape boulevard with location of street trees shall be placed in accordance with a plan approved by the Kalispell Parks and Recreation director. Please refer to the attached letter from Mike Baker, Director of Kalispell Parks and Recreation. 6. A storm water drainage plan which has been designed by an engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department. Refer to letters from the Kalispell Public Works Department and the Department of Environmental Quality. 7. That the developer -funded traffic analysis be performed that assesses the impacts to all of the transportation systems in the immediate area under multiple jurisdictions with a single study done under the Montana Department of Transportation's systems impact process through the Helena headquarters office. This would be a comprehensive review including but not necessarily limited to system capacity, signal warrants and access issues for Three Mile Drive, Stillwater Road, the Bypass along with a review of impacts on Meridian Road and other local routes. All City policies and ordinances shall be met through this process. Please note that a copy of the traffic study was submitted with the final plat application for Phase I of Empire Estates. Please find enclosed copies of the recommendations of the traffic study and a letter from the City of Kalispell Public Works. 8. That the developer obtain a letter from the Flathead County Road Department approving the new intersections with Stillwater Road and the new internal subdivision roads and shall include a post construction inspection that certifies any necessary improvements have been made. Refer to the attached copy of the approach permit for Trump Dr. A letter of Final approval by Charles Johnson, Superintendent of the Flathead County Road Department, will be provided upon completion of the approach. The SIA addresses approach completion. 9. That a minimum 20-foot buffer strip shall be established between Three Mile Drive and Stillwater Drive and the subdivision that wouldincludea-bike andpedestrian trail and buffering in the form of a landscape berm or other acceptable landscaping. These improvements are to be coordinated with the Kalispell Public Works Department, Parks and Recreation Department and Flathead County. This land has been set aside; please reference the face of the final plat Construction of bike trail is included within the landscaping monies of the SIA. 10. The road within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. The roads have been named and sighed accordingly. 11. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. Please see the attached letter from Eldon Marvel, the Manager of Customer Services of the Flathead Station, LISPS. 12. That the parkland dedication requirements shall be one -ninth or 11 percent of the area in lots or 4.516 acres. The 1.748 park area as indicated on the plat will meet that requirement in part. The remaining 2.768 acres shall be addressed through cash -in -lieu of parkland in the amount of $15,000 per acre or $41,520 which shall be used for development of the park area coordinated through the Kalispell Parks and Recreation Department. Parkland dedication has been met through a partial cash -in -lieu contribution or 36% of the total $41,520 due. Please find enclosed the check in the amount of $15,000. Additional contributions will be made in future phases. 13. A maintenance agreement for the park and common areas shall be included with the final plat. Refer to the attached Homeowner's Association documents. 14, Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. The street lights will be installed by Flathead Electric Cooperative at the time the rest of the electrical service is installed. Currently this installation has bee paid for and the required conduit has been buried and approved. See the attached FEC receiptfor payment conformation. 15, That the lots within the subdivision be reconfigured so that all lots meet the minimum 50 foot lot width requirements of the R-4 zoning district and the minimum lot size requirements of 6,000 square feet exclusive of any easements. This requirement has been met; please refer to the face of the final plat 16. That a minimum of two-thirds of the necessary infrastructure for each -phase -ofthe subdivision shall be completed prior to final plat submittal. With the filing of the final plat for each phase, an additional three-year extension shall be automatically granted for subsequent phases. The Subdivision Improvement Agreement addresses the remaining 113 of the installation of improvements. 17 All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. This is addressed within the landscaping portion of the SIA. 18, That preliminary plat approval shall be valid for a period of three years from the date of approval. The preliminary plat is filed before the expiration deadline. Thank you for your kind attention to this final plat_ Please feel free to call should you have questions, concerns or require additional information. Sincerely,_ Hubert J. Turtr Montana Department of ENmoNmENTAL OuAijiry Judy Martz, Governor 109 Cooperative Way - Suite 105 • Kalispell, MT 59901-2389 - (406) 755-8985 • FAX (405) 755-8977 Paul L. Wells, P.E. WMW Engineering, PC 50 West Second Street Whitefish, MT 59937 October 7, 2003 RE: Empire Estates Water & Sewer Extensions and Server Lift Station, EQ,#04-1543 Dear Mr. Wells: Plans and specifications for the above -referenced project Have been reviewed by personnel with the Permitting & Compliance Division utilizing the certified checklist procedure for the water and sewer extensions and DEQ-2 for the sewer lift station. The plans and specifications are hereby approved with the condition as listed below. One set of plans and specifications bearing the approval stamp of the Department of Environmental Quality is enclosed. Condition: Provide a valve pit at the junction of the sewer force mains on Three Mile Drive. Install check valves up-streain of the junction on both lines with two shut-off valves for each check valve. Approval is based on plans and specifications received October 6, 2003 under the seal of: Paul L. Wells, P.E. # 73 78E, Approval is also given with the understanding that any deviation fi-em the approved plans and specifications will be sub:-7itted 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 and specifications approved by the Department. This certification shad be accompanied by a set of "as -built" record drawings signed by the project engineer. It is further understood that construction will be completed within three years of this date. If more than three years elapse before colnpleting construction, plans and specifications must be resubmitted and approved before construction begins. This three-year expiration period does not extend any compliance schedule requiremrrits pursuant to a Department enforcement action against a public water or sewage system. Centralized services Division • EnforccMent Division • Permltiing & Compliance Division • Planning Prevention & Assistance Division • Remedistion Division RE: Empire Estates 'Water & Sewer Extensions and Sewer Lift Station, EQ#04-1543 Please be aware that this project may need a storm water general permit. Please contact the Water Protection Bureau at 406-444-3080 for anore infornla.tion. /S'neer 4�? a, Environmental Engineer Specialist PW Permitting & Compliance Division cc: Wayne Turner City of Kalispell, Department of Public Works Flathead County Sanitarian File f a City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 October 8, 2004 Wayne E. Turner 3300 Highway 2 West Kalispell, Montana 59901 Re: Empire Estates, Phase II Gentlemen: The City of Kalispell Public Works Department hereby approves the existing, completed improvements except those listed in the Subdivision Improvement Agreement, Exhibit B, for the referenced subdivision. Approval by the City of Kalispell for the City owned and maintained improvements is granted based on the following: 1. WMW Engineering, PC, letter certifying that the improvements within the referenced subdivision have been inspected and installed in accordance with the City of Kalispell standards and the approved plans and specifications. 2. Our video records of the sanitary sewer system. 3. Receipt of a Subdivision Improvement Agreement which contains the total estimated construction costs plus 25 percent covering the estimated costs for the remaining infrastructure improvements. The Subdivision Improvemment Agreement is certified by Paul L Wells, P.E., to being an accurate accounting of anticipated costs for the remaining improvements. The one year warranty period for the City owned and maintained existing, completed improvements will commence on November 1, 2004. The one year warranty period for the remaining construction will commence upon acceptance by the City of the completed constructed improvements in accordance with approved plans and specifications. If you have any questions, please do not hesitate to contact this office. Sin , nk st . . Assistant City Engineer Cc: Narda Wilson, Senior Planner Tri-City Planning Office .. City of Kalispell Public Works Department Post Office Box 1997, Kalispell; Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 Y ' June 1, 2004 Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Via fax: 751-1858 Attention: Narda Wilson, Senior Planner RE: Traffic impact Study Empire Estates Subdivision Kalispell, Montana Dear Narda, We have reviewed the referenced study and concur with the recommendations found on Page 11 of the study. Attached is a copy of the recommendations found on Page 11. If you.have any questions, please do not hesitate tocontactthis office. S�ncer Yr Frank Castles, P.E. Assistant City Engineer Cc: Wayne Turner .:k-4 - - Kalish. 3-j 4-1, Parks and Recreation October 1, 2004 Mr. Hubert Tumer 3300 Hwy 2 west Kalispell MT 59901 35 t Ave CdJt ^^ i'- LJ L'?l7R 19.77 — ilclliApC[I IVt 1 599051997 Phone. (406) 758-7718 Pax: (406) 758-7719 Email: parknrer-@kalispell.com Re: Empire Estates Phase 11 Landscaping Dear Hubert: If reference to your letter dated October 1, 2004, regarding the assessment for improvement costs for boulevard trees and the bike trail in the amount of $23,300 is an accurate estimate and approved by this department. Arrangements need to be made with Tri City Planning for bonding of these improvements. If you have any concerns or questions please give me a call. Sincerely, MichalI Baker, Director Traffic impact Study Empire Estates Subdivision Robert Peccia & A$sociates Kalispell, Montana Au ust,.2003 existing problems are occurring along Meridian Road. These problems will be corrected once the road is reconstructed in 2006-7., • Traffic from the proposed subdivision will not significantly effect the delay at any intersection within the area. • None of the accesses to the development will require additional left -turn lanes to improve capacity or safety • Once the northeast corner of the property is ' constructed (Phase 4), a right -turn deceleration lane may be needed at the intersection of Three Mile Drive and North Riding Road. X. RECOMMENDATIONS The following recommendations are :provided to help ensure that the proposed development functions with minimal impacts within, as well as around, the area. Within the development Empire Drive, Hill Drive, and Trump Drive will .function as a collector routes. For this reason all intersection approaches to these two streets should be controlled by STOP signs on the minor legs. • At the three access. roads, vehicles entering the development should have unrestricted movement. At these locations STOP signs should be erected along Empire Drive. • Access to the northeast corner of the property should be provided though a "yet to be determined" road that connects to North Riding Road. • At all locations where the pedestrian path crosses a roadway, the crosswalk should be signed and marked with pedestrian crosswalks on the pavement.. • Stillwater Road should be improved to include centerline and shoulder striping. Speed limit signs should be erected at both ends and near the southbound approach to the development • . Construct a right -turn deceleration lane at the intersection of Three Mile Drive and North Riding Road after Phase 4 reaches full build --out. 11 FLATHEAD STATION 248 FIRST AVENUE WEST KALISPELL MT 59101-9998 October 1, 2004 To: Kalispell City Planning Board RE: Empire Estates To whom it concerns: The above referenced project has been reviewed. A suitable location for mail delivery has been established . Centralized boxes will be installed at suitable locations in turnout areas for the carrier to service these boxes. The developer will be responsible for purchasing the CBUs. If you have any questions please feel free to call me at (406) 755-0187. Sincerely yours: Elden Marvel Manager Customer Services (406)-755-0187 FAx f 406} 755-0376 A/ V. Y I W ENGINEERING, PC Pau( Wea, P E Principal Engineer October 7, 2004 Mayor Pam Kennedy and Members of Kalispell City Council City of Kalispell 312 First Avenue East Kalispell, Montana 59901 Dear Mayor Kennedy and Council Members: Consulting Engineers 50 West Second Street Whitefish, Montana 59937 Phone (406) 862-7826 Fax (406) 862-7827 Re: Empire Estates - Phase 2 Please be advised that the items listed on Exhibit B of the Subdivision Improvement Agreement as having been either paid for and/or completed, have in fact been paid for or completed in substantial compliance with the approve plans. WEST ONE BANK October 8, 2004 Irrevocable Letter of Credit No. 103 Wayne E. Turner Peggy B. Turner 3300 Hwy 2 West Kalispell, MT 59901 City of Kalispell 312 Vt Ave E Kalispell, MT 59901 We hereby establish this irrevocable Letter of Credit in your favor for one or more drawings up to United States, $235,000.00. This Letter. of Credit is payable at the West One Bank office at 222 W. Idaho, Kalispell, MT 59902, and expires with our close of business on December 1, 2005.: Each draft so drawn must be marked "Drawn under West One Bank, 222 W. Idaho, Kalispell, MT 59901, Letter of Credit Number #i103 and accompanied by signed statements of the Flathead County Attorney that Wayne E. & Peggy B. Turner have failed to honor their contractual agreement with Flathead County. This letter of credit shall reduce proportionally with the water, sewer, utility and road improvements completed on the Empire Estates Subdivision. We hereby agree with you that all drafts drawn under and in compliance with the terms of this credit will be duly honored if drawn and presented for payment to our office, West One Bank, 222 W. Idaho, Kalispell, MT 59901. Sincerely, Print Name: Rod Leese Its: President 222 W. IDAHO • PO. BOX 7758 • KALISPELL, MT 59904-0758 Member LENOrR TEL. 406-755-9781 • FAX 406-755-9794 • www.westonebcan .COM F CenturyTel of ,Montana, Inc. dba CenturyTel Q A Agreement for Subdivision Telephone Facilities REVISED 10/01/04 OCT 0 THIS AGREEMENT, made, October 1, 2004 by and between CenturyTel of iivIontana, Inc, dba CenturyTel, with its principal place of business in Kalispell, Montana located at 290 North Main hereinafter referred to as "The Company," and Wayne or Hurbert Turner hereinafter referred to as "Developer"; RECITALS: 1. Developer is in the process of subdividing and developing property or has subdivided and developed property, which property is hereinafter referred to as "Project", and will be or is offering lots or portions of the Project for sale or lease. 2. Developer is desirous of making the necessary arrangements for the installation of telephone facilities to serve the Project and the various portions thereof. 3. The Company is agreeable to install telephone facilities in the Project and the various portions thereof, subject, however, to the terms and conditions as hereinafter set forth. The parties agree as follows: 1. INSTALLATION OF FACILITIES: The Company agrees to design and install telephone facilities in the .Project located in Flathead County, State of Montana, and known as Ern ire Estates Ph 2 telephone service to subscribers in the Project as the lots and portions of said Project are developed and sold or leased.. 2. ADVANCE: Promptly upon the execution hereof, Developer shall pay to The Company as an advance against The Company's cost the sum of S14.621.00 which is the estimated cost of design, purchase, and installation of such telephone facilities. If multiple visits are required due to customer caused delays, an additional charge of $200.00 per visit will apply. Upon completion of such installation and a determination of the actual cost thereof by The Company, the Developer shall within ten (10) days after written demand on the Developer by The Company pay to The Company an additional amount not to exceed 10% of the estimated cost if the actual cost is greater than the estimated cost. The Developer shall be entitled to a reimbursement of the difference if the actual cost, as fmally determined by The Company, is less than the sum herewith as the estimated cost. 3. REFUNDS: (a) Developer shall be entitled to a refund from The Company of $275.87 for each lot or portion of the Project connected to The Company's facilities for telephone service to a subscriber within the period of five (5) years fioin the date of whkh the facilities to be installed by The Company under the terms of this Agreement are completed. It is specifically understood and agreed that the installation of the facilities contemplated hereunder do not include the services rendered to a subscriber. If an adjustment of cost is made in accordance with the terms of Paragraph 2 of this Agreement, the refund shall be adjusted accordingly based on the actual cost of the design, purchase and installation to The Company. It is understood and agreed that the amount of refund is determined by dividing the sum paid to The Company under the terms of Paragraph 2 of this Agreement by 53 Lots* in the Project. *** Lots 1-11, 1-17, $-12, 1AfB thru 4AB, 5A Lots 22B, 23AB thru 27AB (b) Such refund shall be paid to the Developer each year for all lots and units connected during the previous calendar year. No interest shall be charged or paid on any payments made by the Developer to The Company or on any refunds due Developer by The Company.. All refund requests must be submitted to CenturyTel eacb year between January 1 and February 15, within the five (5) year refund period. (c) Developer shall not be entitled to any refund for lots or units connected after expiration of the five (5) year period described in Paragraph 3 (a) of this Agreement, and any unreRinded portion of said cost referred to in Paragraph 2 shall become the property of The Company free and clear of any claim of the Developer. K.-1NETWORKDkVI ATG_tE_5USDiSUSUp VIS€ONStiSUB© CONTRACTSVO04.CONTIACTSMT CONTRACnEMPIRE ESTATES PH 2.DOC 4. RIGHT OF WAY AND TRENCHES: Developer shall provide at no cost to The Company appropriate utility rights of way by dedicating strips or easements for the installation of The Company's facilities, such rights of way or easements to be dedicated or conveyed in a form acceptable to The Company. Such rights of way shall be graded to semi -finished grade by, or at the expense of, the Developer prior to the trenching or installation of The Company's facilities hereunder. Developer may provide, with the consent of The Company, all trenching, excavation andback filling necessary for the proper installation of The Company's facilities, at no cost to The Company, and in accordance with the specifications to be furnished by The Company. 5. DAMAGES TO FACILITIES: Developer agrees to comply with all the Statutes of the State of Montana or any agency or municipality having jurisdiction thereof relating to any excavation, trenching and back filling necessary and proper for the installation of The Company's facilities. Developer shall pay The Company for any damage caused to The Company's facilities by Developer or any of Developer's contractors or subcontractors, and Developer shall hold The Company har€xiless from any and all damage, liability, cost or expense of whatsoever nature resulting from any damage caused to The Company by Developer or any of Developer's contractors or subcontractors. Such damage shall be paid promptly by Developer to The Company at such time as The Company has determined the amount of damage sustained by The Company under the terms of this paragraph. 6. REGULATORY JUMSDICTION: This Agreement, the obligations of The Company hereunder, and all telephone service to be provided by The Company in connection hereunder, shall be subj ect to the rules, regulations and orders of any regulatory agency having jurisdiction thereof, and the rates, rules and regulations of The Company's tariffs as now or hereafter filed with the regulatory authorities with whom such tariffs must be filed. 7. SUCCESSORS: The rights and obligations of this Agreement shall inure to the benefit of and be binding upon the respective heirs, administrators, executors, successors and assigns of the parties hereto, provided, however, that no assignment of any of Developer's rights of obligations hereunder, or any portion hereof, shall become effective with out the prior written consent of The Company 30 days after the receipt of your payment and sighed contract before we will begin construction. IN WITNESS HEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first herein above written. ***Developer to provide all trenehing and conduits. COMPANY: CenturvTel of Montana, Inc. dba CenturvTel PAID OCT a 1 2004 By: Jeremy Ferkin — General Manager Date: / K:INE"ilvORKDtVIRATC-LE_SUSD%SUBDIVISIONr,\SUBD CONTRACTSQ004 C-01172AC7SWT CONTRACTRMPiRE ESTATES Phi 2.DOC WAYNE E OR PEGGY B TURNER HUBERT J TURNER 3300 HIGHWAY 2 W E Sr Ph. 406-257- ] 682 KALISPCL-L, MT 59901 00, 222 W. IDAHO P.O. BOX 7758 KALISPELL, MT 59904 w�sT ONE BANK AD5'755-9781 1477 93-543/929 ;1 .•. II'00147711' 1.0R 29054301: I90015 11' ]EMPIRE ESTATES PHASE 2 Staked By: Stan Staked Date: 7/1/2004 Aecount # N/A a) Amount Pd:� ! BY: � �...r�L_ �/ Date: ! a ` 11 Check Amount Pd: By: Date: Check #: 100WST LIGHT, I00W HPS STREET (FLAT) 7 $903.76 $559.90 M26-5AL STREET LIGHT ALUM. POLE 7 $903.76 $4,581.01 PR1528 1/0 STR. 220MIL 15KV URD 2,072 $1,872.59 $3,728.98 SEC450 12/2 OF 327 $118.21 $62.36 SEC554 4/0 USE TPX 60 $83.66 $52.02 SEC557 350 MCM USE TPX 3,425 $5,483.25 $5,425.89 UA-2B RISER, SINGLE W/ BRKT. 1 $4W61 $241.87 LIFER LIFER GROUND 7 UG7S-100 I OOKVA TRANS. ASSY. URD 4 $1,704,24 $4,571.43 UG7S-50 50KVA TRANS. ASSY. URD 1 $426.06 $901.93 UG7S-75 75KVA TRANS. ASSY. 2 $852,12 $2,978.07 UK5 SECONDARY PEDESTAL W/ 3 CONK. 33 $4,260.59 $3,496.85 UM50-M-1 1" MBR CONDUIT 327 UM50-M-3 3" MBR CONDUIT 5,557 UM6-1 ELBOW 15KV 15 S1,355.64 $332.55 UM6-15 STANDOFF 15KV 1 $32.28 $0.00 UM6-34 ELBOW/ARRESTOR 1 $90.38 $63.50 UM6-4-80 FAULT INDICATOR 80A 4 $387.33 $384.49 UM6-5 FEEDTHRU-ROTATABLE 15KV 1 $90.38 $145.38 UR2-3-MBR MBR SEC. TRENCH 40 UR2-MBR MBR TRENCH 8 Crew Hours: 443 $19,054.86 $27.526.23 Construction Cost: $46,581.08 General Overhead: $6,987.16 Transportation $3,027.77 Engineering: $1 ,630.34 Additional FEC Costs: $0.00 Explanation: TOTAL COST: S58,226.00 FEC Transformer Contribution $14,235.14 FEC New Service Allowance $0.00 Additional FEC Allowance: $0.00 Explanation: Deposit laid: $250.00 TOTAL ALLOWANCE: S14,485.14 Nate: FEC provides all transformers and teeters free of charbe TOTAL DIE: $43 741.00 CREDIT/DEPOSIT INFORMATION No Deposit Required $200.00 Advanced Payment Required Require Account Current Account # N/A Amount Paid ESTIMATE VALID FOR 90 DAYS FROM: 9/24/2004 Nowwwd&esteni Energy Kalispell Office Phone: 406- 751-22 7 0 PO BOX 9888 Fax: 406-751-2224 Kalispell MT 59904 WAYNE TURNER 3300 US HIGHWAY 2 W KALISPELL MT 59901 Customer Contact: Customer Number: 1033246 WAYNE TURNER Empire Estates Phase 2 KALISPELL MT 59901 Quotation Quotation No. 20014052 Document Date 08/26/2004 Payment Terms Payable upon receipt Service Order No. 23073273 Quotation Valid To: 09/30/2004 Item Material Description Quantity Unit Price Amount Developer shall receive $735.00 for each active gas service line connected to this main and Inot to exceed the amount of the advance) within the 5 year rime period. Any services connected to this main shall be run under the applicable line extension policy in effect on the date of installation of said service. V tI + v (Adv. Rule 6-2) Gas Main Res Price - Labor &_)Materials 15,301.00 Tax adder 2,295.15 Subtotal 17,596.15 --------------------------- Total Amount... 17,596.15 Please contact RONETTE HAEGELF of 406-751-2210 if you have questions regarding this quote. WAYNE E oR PEGGY B TURNER HUBERTJ TURNER 3300 FlIGHWAY 2 WEST PH. 406-257-1682 r KALISPELL, MT 59907 Y0 e order 0 P.O: BOX 7758 K41SPELL MT59904 WEarotJE a... 406-755-9781 000 148 3114 1:0 9 2 90 S t. 301: 1483 93-543/929 DATE _40�� d ml LOT 2 5c, 1�7= *.l-. LOT 1 P SAG- 5 �. ut) i R-4 �? PUD i O j LA a ln' 13M fC1t 0 9 ip i ! I � ICA, S 1 !C Property 49 7 n a 6 Ii � ♦ µ � i 8Y 6 jj j � 1i M 1i 11!■< < _F i !Y'a 4 a r j - r ' a s ]s -SA TD u •s fir- R-=2 1�-I �. \AC INI MAP WAYNE TURNER MA OR PRELIMINARY PLAT FOR "EMPIRE ESTATES" A 67.094 ACRE, 347 LOT RESIDENTIAL SUBDIVISION CONCURRENT WITH INITIAL ZONING UPON ANNEXATION OF R-4; TWO FAMILY RESIDENTIAL, CITY OF KALISPELL T y �' ,_I 1 P= DATE: slit/aa s x K P-- 0 3 --'- � s c i, M, 1 = 8 0 F:\g3x\Ytty\xps03_6.dwg is PLAT OF EMPIRE ESTATES, PHASE 1 A St1RDIvrS M W TAF W112SWI14 SEC t T2ft R22W, PM A FLATHEAD COGWTY, A/ONTANA