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Staff Report/Final PlatTri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity{c ,centurytel.net REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner James H. Patrick, City Manager SUBJECT Final Plat for The Greenery Park Subdivision. MEETING DATE: June 6, 2005 BACKGROUND: This is a request from Eby 8. Associates on behalf of their clients, Nolan Holdings, LLC for final plat approval of The Greenery Park Subdivision, a subdivision containing six townhouse lots and one commercial lot located on the north side of Four Mile Drive and west of US Hwy 93 North. The property is zoned R-5 j PUD, and contains approximately 3.861 acres. The Kalispell City Council approved this subdivision subject to conditions on May 3, 2004. All of the conditions have been met or are otherwise adequately addressed through a Subdivision Improvements Agreement (SIA). There is some remaining internal road work and paving, water storage, sidewalks and landscape work that has not been completed. An SIA in the amount of $85,000 which covers the cost of the improvements as required in the agreement with the developer has been submitted with the final plat. A letter of credit has also been submitted with the final plat to cover the cost of the improvements with the improvements anticipated to be completed by November 1, 2005. Cash in lieu of parkland dedication has been paid in the amount of $1,882. RECOMMENDATION: A motion to accept the Subdivision Improvements Agreement and approve the final plat would be in order. FISCAL EFFECTS., Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, '--� 7x!,_- Narda A. Wilson '--James H. Patrick Senior Planner City Manager Report compiled: June 1, 2005 Attachments: Letter of transmittal Final plat application and supporting documents Providing Community Planning Assistance To: * City of Kalispell • City of Columbia Falls • City of Whitefish • Appendix - Page A-23 APPENDIX E SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 19 —, by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part q and ,hereinafter refgre d to as the CITY, and 4 AC - (Name of Developer) - a / / W1 4F1. t a located at v CXT1Gj (Street Address/P. O. Box) (CK , County, State, Zip) Party of the Second Part and hereinafter referred to as DEVELOPER. WITNESSETH: THAT,,M]REAS, t a er is known as (Name o� S f��/ located at 0 �1Ct� f' (Location of Subdivision) and, Ci developer of a new subdivision oned it's approval of the final plat of , upon the conditions as set forth (Name of Subdivision) in the Preliminary Plat of the 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 City's Subdivision Regulations require that a subdivider shall provide a financial security o,f�/��' of the estimated total cost of construction of said improvements as evidenced by an est�ma' ed by a licensed public engineer included herewith "Exhibit B"; and 17 ,DuD �D ' '10 W REAS, the estimated total cost of construction of said improvements is the sum of 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 acceMLabig collateral as determined by the City Council, in the amount of $ b5, O ,, aQ . Said Letter of Credit or other collateral shall have an expiration date of t least sixty (60) days following the date set for completion of the improvements, certifying the following: Page A-24 - Appendix a. That the creditor guarantees funds in the sum of $Tylpp? Ob —°— the esti atek cost o completing the required improvements in (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 �40, such funds as are necessary to finance the completion of these improvements up to the l limited of credit stated in the letter; / ►�c�U�/'� �/ ;Ctz�� 2. That said required improvements shall be fully completed by: 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 wan -ants 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 fee and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and, f. All applicable fees and 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. Appendix - Page A-25 IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, T v viT: 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 bands and seals the day and year herein before written. of by eTA TF nF nRnNTANA COUNTY OF On this day of , 19 , before me, a Notary Public for the State of Montana, personally appeared , known to me to be the of , 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 the State of Montana Residing at My Commission Expires MAYOR, CITY OF KALISPELL ATTEST: MAYOR FINANCE DIRECTOR Page A-26 - Appendix 911.31 Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana. This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. CHECK CONSTRUCTION ESTIMATED APPROPR ,kTE COMPLETION CONSTRUCTION IMPROVEMENTS BOX DATE COSTS Street Grading/Paving Street Base Sidewalks Cm—bs and Gutters - Sanitary Sewers Mains Other ( ) On -Site Sewage Facilities Water Systems Mains Other E ) On -Site Water Supply Water Storage Tanks Fire Hydrants Storm Sewer or Drainage Facilities Street Signs Street Lighting Street Monuments Survey Monument Boxes Landscaping Other ( ) SUBTOTAL FEES TOTALS COSTS TOTAL COLLATERAL (TOTALS COSTS X 125%) ;,, E�9l&tT A RESOLUTION NO.4887 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF THE GREENERY PUD, MORE PARTICULARLY DESCRIBED AS ASSESSOR'S TRACT 2XB LOCATED IN SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Nolan Holdings, LLC, the owner of the certain real property described above has petitioned for approval of the Subdivision Plat of said property, and WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on April 13, 2004, on the proposal and reviewed Subdivision Report #KPP-04-4 issued by the Tri-City Planning Office, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of The Greenery PUD, subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of May 3, 2004, reviewed the Tri-City Planning Office Report #KPP-04-4, reviewed the recommendations of the Kalispell City Planning Board and Zoning Commission, and found from the Preliminary Plat, and evidence, that the subdivision is in the public interest. 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 Tri-City Planning Office Report #KPP-04-4 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Nolan Holdings, LLC for approval of the Preliminary Plat of The Greenery PUD, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: l . 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. 2, That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01). The following requirements shall be met per the Kalispell Fire Department: Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with Uniform Fire Code (1997) Appendix III -A. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. C. Fire Department access shall be provided in accordance with Uniform Fire Code (1997) Article 9. 4. That a curb, gutter, sidewalk and landscape boulevard shall be installed within the right-of-way along Four Mile Drive with a minimum five feet wide sidewalk and five foot landscape boulevard. (Kalispell Subdivision Regulations, Section 3.11). 5. That a letter be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk as well as the landscaping within the common areas of both the commercial and residential areas of the site. (Kalispell Subdivision Regulations, Section 3.11). 6. That the required one ninth area be met with a payment of cash in lieu of parkland dedication in the amount of $1,822 based on a value of approximately $18,000 per acre for the residential component of the subdivision with approximately 0.92 acres in residential lots and 11 percent or 0.10 of an acre for parkland dedication. (Kalispell Subdivision Regulations, Section 3.19). 7. The covenants, conditions and restrictions be amended for the commercial component of the development that addresses signage which limits the development to two freestanding signs located at each entrance along Four Mile Drive to 24 square feet per face, not to exceed six feet in height and signs attached to the building shall not exceed 20 square feet per use. Additionally, any temporary signage shall comply with the Kalispell Zoning Ordinance. 8. Prior to the issuance of a building permit for the development, a letter from the Architectural Review Committee for The Greenery shall be submitted to the Kalispell Site Development Review Committee stating that the plans for design and construction have been reviewed and approved. 9. Prior to obtaining a building permit for the building located in the northeast corner of the site, a permit shall be obtained from the Montana Department of Transportation to allow working within their right-of-way. 10. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). 11. Lighting shall be located within the development in a manner that insures it will be adequately shielded and does not intrude onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). 12. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 13. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 14. That a development agreement be drafted by the Kalispell City Attorney between the City of Kalispell and the Developer outlining; and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site. 15. That preliminary plat approval for the planned unit development shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). SECTION III. 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 AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 3RD DAY OF MAY, 2004. ATTEST: Theresa White City Clerk in tit Oa:DQ OOC7 QOQOOC?aaa +' mC>C)wOQOC)C)am Oaa00000CQQC)a0aaa`rm0Qf*-0O040aC> Q a0ea0C?C>aCDCOa0C0C]0LlDaaU-)aCD 69 69 64 6969. S% VD, 64 6R? t4 69 Vk 63 6R 64 A N�Q C3 N C) r` O 40 O a f0 mmNmO�}O•C�OOCSe1'N�cQy� w 420 Q • a a a o o n a n o 0 o n o 0 0 0 0 0 0 0 0 D o a n 'n o to \\\o \\o \\\o `�\\\\\p 0QQCDaOC]CaC7©aaC (DC]CDaCDC 00 0 toC?OaCa ED r E a a CDn0C>NNaaa©Maa01- a0w0C3o acorn QI-'�aaN LOr- 10aMMr^OaN 1h-C3 aN000CD0 aO Or'3Yi(�C�� �S]'ctM©NC�OrC?CDCflt'7iL3t�tO00CSt1lC1OCaOQ �0,- EiidN3VD�6N4T-6CO3�0 oio 0 %RxN :6 64 0 F- 4; C3CD 7'O40 0 a 0C>C310CaCaOOtnUl) a80cmC OaCa aO u70 cavo caacnotoaoaot• c�ongaogqoq E WC LO0NpNC)aMWC?YE-ONCZrC70C_D00 C] (fy 69r-NC)P-eor NO NrNCaUk66- ra-e- 0CaO0LO y w 69-r- OvY O O64")NN69C%i vi*a6R69000 CaC�N 6F? " Ni VF* 6t} 6f? ��pp 6E? U) a)' 611, C ul U a > m cc :3 o c sn , �U m a) � m � m¢4)n _ a c' a�i(to a C - as cj x�"j c Q E OL f] VdE3 �x to a .Q— �p VJ] .f�ACUUf�ca UO p ©❑}L-UUUUUU-UUU U©Q��-� UU a 0 (O N N m 0 (o It aIRt st Q m M O O M O CS 0 T- r T- r T- O OMr r Oo rO 000cora 61M (o d r O 1A (o co M (o t- It r c- r <-NL�d 4oMP-WMa. NCl) d•Wwt-w0C) NC7s1'iDtOE- r rr•- r r c"" r r- r r- �•^ N N N N N N N N O L!1 f!) Q m Tri-City Planning Office 17 Second Street Fast — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel. net June 1, 2005 James H. Patrick, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for The Greenery Park Subdivision Dear Jim-. Our office has received an application from. Eby & Associates on behalf of their clients, Nolan. Holdings, LLC for final plat approval of The Greenery Park Subdivision, a subdivision containing six townhouse Jots and one commercial lot located on the north side of Four Mile Drive and west of US Hwy 93 North. The property is zoned K-5 j PUD, and contains approximately 3.861 acres. The Kalispell City Council approved this subdivision subject to conditions on May 3, 2004. All of the conditions have been met or are otherwise adequately addressed through a Subdivision Improvements Agreement (SIA). There is some remaining internal road work and paving, water storage, sidewalks and landscape work that has not been completed. An SIA in the amount of $85,000 which covers the cost of the improvements as required in the agreement with the developer has been submitted with the final plat. A letter of credit has also been submitted with the final plat to covet' the cost of the improvements with the improvements anticipated to be completed by November 1, 2005. Cash in lieu of parkland dedication has been paid in the amount of $1,882. 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 final plat complies with the preliminary plat that was approved. Condition 2. That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. (Kalispell Subdivision. Regulations, Chapter 3, Design Standards, Section 3.01). Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish • Final .Plat for The Greenery Park Subdivision June 1, 2005 Page 2 This conditions has been met. A letter from the Kalispell Public Works Department approving the infrastructure for the subdivision has been submitted with the final plat. Condition 3. The following requirements shall be met per the Kalispell Fire Department: Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with Uniform Fire Code (1997) Appendix III -A. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with Uniform Fire Code (1997) Article 9 This condition has been met. A letter from the Kalispell Fire Department approving the subdivision has been submitted with the final plat. Condition 4. That a curb, gutter, sidewalk and landscape boulevard shall be installed within the right-of-way along Four Mile Drive with a minimum five feet wide sidewalk and five foot landscape boulevard. (Kalispell Subdivision. Regulations, Section 3.11) . This condition has been adequately addressed. These improvements are included in the SIA submitted with the final plat. Condition 5. That a letter be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk as well as the landscaping within the common areas of both the commercial and residential areas of the site. (Kalispell Subdivision Regulations, Section 3.11). This condition has been met. A copy of the landscape plan and letter of approval from parks and recreation has been submitted with the final plat. Condition 6. That the required one ninth area be met with a payment of cash in lieu of parkland dedication in the amount of $1,822 based on a value of approximately $18,000 per acre for the residential component of the subdivision with approximately 0.92 acres in residential lots and 11 percent or 0.10 of an acre for parkland dedication. (Kalispell Subdivision Regulations, Section 3.19). This condition has been met. The required cash in lieu of parkland was paid at the time of final plat submittal. Condition 7. The covenants, conditions and restrictions be amended for the commercial component of the development that addresses signage which limits the development to two freestanding signs located at each entrance along Four Mile Drive Final Plat for The Greenery Park Subdivision ,Tune 1, 2005 Page a to 24 square feet per face, not to exceed six feet in height and signs attached to the building shall not exceed 20 square feet per use. Additionally, any temporary signage shall comply with the Kalispell Zoning Ordinance. This condition has been met. The amended covenants have been submitted with the final plat. Condition 8. Prior to the issuance of a building permit for the development, a letter from the Architectural Review Committee for The Greenery shall be submitted to the; Kalispell Site Development Review Committee stating that the plans for design and construction have been reviewed and approved. This condition has been met. A letter from the Architectural Review Committee approving the plans for design and construction has been submitted with the final plat. E'nr�rl;itinn Q_ Prinr to nhtninina a hiiilrlinar nPrrnit fnr the hiiilrlincr lrnrntarl ir7 the ...v�..w..�.�.� v. -��,.� ....�... ....,.....�� �� ... ...y_...-_mob �..., �a�,.. ... .-.. y...s� �� ,..w.-�....... ..... ...... northeast corner of the site, a permit shall be obtained from the Montana Department of Transportation to allow working within their right-of-way. This condition has been met. A right-of-way permit from MDOT has been submitted with the final plat. Condition 10. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3,22). This condition has been met. A letter from the USPS approving the mail delivery site and facility has been submitted with the final plat. Condition 11. Lighting shall be located within the development in a manner that insures it will be adequately shielded and does not intrude onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). This condition has been adequately addressed. Lighting has been included in the subdivision improvements agreement. Condition 12. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). This condition has been met. Utilities have been installed underground, Condition 13. 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 has been included in the subdivision improvements agreement. Final Plat for The Greenery Park Subdivision June 1, 2005 Page 4 Condition 14. That a development agreement be drafted by the Kalispell City Attorney between the City of Kalispell and the Developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site. This condition has been met. A copy of the development agreement between the City and developer has been included with the final plat application. Condition 15. That preliminary plat approval for the planned unit development 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 final plat has been submitted prior to expiration of the preliminary plat approval. VOMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was reviewed and approved by the Kalispell City Council on May 3, 2004, 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 can be found to be in compliance with the Kalispell Zoning Ordinance and the provisions of the planned unit development zoning designation for the property which governs the dimensional requirements of the lots within the subdivision as well as the uses. RECOMMENDATION: It can be found that the conditions of preliminary plat approval have been met or are otherwise adequately addressed. The staff would recommend that the Kalispell City Council approve the final plat for The Greenery Park Subdivision. Please schedule this matter for the regular city council meeting of June 6, 2005. Sincerely, Narda A. Wilson, AICP Senior Planner Final Plat for The Greenery Park Subdivision June 1, 2005 Page 5 Attachments: Vicinity map 1 opaque mylar of final plat 1 reproducible mylar of final plat 1 copy of final plat Letter fromEby & Associates dated 4/22/05 Final plat application dated 4 / 21 / 05 Ltr from M ontana DEQ dated 10 / 15 / 04 Ltr from Kalispell Public Works dated 10/7/04 Ltr from Kalispell Public Works dated 3/ 1/05 Ltr from Kalispell Fire Dept dated 3/ 14/05 Ltr from Parks and. Rec dated 8 / 27 / 04 Ltr from USPS dated 8 / 31 / 04 Subdivision improvements agreement Engineers certification dated 1/20/05 Engineers report dated 5/4/05 Ltr of credit from Valley Bank dated 1/27/05 PUD agreement dated 9/20/04 ARC letter dated 7 / 15 / 04 MDOT right of way permit dated 5 / 14 / 04 Title report dated 3 / 22 / 05 Consent to plat from Valley Bank dated 4/21/05 Treasurers certification. dated 4 / 26 / 05 Declaration of covenants, conditions and restrictions Cash in lieu of parkland check $ 1882 c: Nolan Holdings, LLC;607 Dakota Ave, Whitefish, MT 59937-2106 Eby 8, Associates, P.O. Box 7144, Kalispell, MT 59904 Theresa White, Kalispell City Clerk '�P n PROOF $5€oNAt LANE) SL.RVFY=NG JANE L. Eey PE, PLs MONTANA REGIRTRAM 8 94Fs N[iH EL J. LbRENT.11 PLS ONTANA R C�iSTRATION 1 684LS April 22, ZOOS Narda Wilson Tri-city Planning Office 17 Second Street East Suite 211 Kalispell, MT 59901 Re: Final plat application of The Greenery Park Dear Narda' POST 0FRCE Box 7144 406-755-532 mu 06=75 .91312 FAX Enclosed is are application package for the above -referenced subdivision. We have satisfied the fifteen conditions of preliminary plat approval as listed in Resolution No. 4887 as described below. Please refer to these conditions as you read this cover letter. The subdivision has been platted in compliance with the approved preliminary plat. 2. The plans and specifications for all public infrastructure was designed by A2Z Engineering in accordance with the City of Kalispell Design and Construction Standards. Attached are two letters from Frank Castles, PE, Assistance City Engineer of Kalispell to (1) A2Z Engineering and (2) Flathead City -County Health Department stating the plans were reviewed and approved. Also attached is a letter from the Montana Department of Environmental Quality approving the plans and specifications (municipal facilities exclusion letter). All improvements to date have been installed in accordance with City of Kalispell standards and approved by the City of Kalispell Public Works. Attached is a letter from Frank Castles to Nolan Holdings approving the infrastructure to date. 3a. Water mains were designed by A2Z Engineering per City specifications. Attached is a letter from A2Z Engineering to Kalispell Public Works Department certifying the water mains provide minimum fire flows and a copy of a bacteriological water test showing water suitable for drinking. 3b 3e Fire hydrants have been installed at locations approved by the City. Attached is a letter from the Kalispell Fire Department to Norman Beach approving fire hydrant locations, fire flows and fire department access. BY &ASSOCIATE S INC PROFESS>ONAL LAND SURVEYMG jAE L. EBY PE, n s CNNTANAREGISTRA79ION 8694Es tct,AEi- J, DRENTH PLS POD ;FFcE 8ox7144 KA'115PEi-L, 9904 406-7 s5-532S oicE 406-355-91y2 SAY 4. The curb, gutter, sidewalk and landscape boulevard are not completed. These items are included in the Subdivision Improvements Agreement which is included with this application. The City of Kalispell Public Works has reviewed the items remaining to be completed (Exhibit B) and concurs with this list. Attached is a letter from the City of Kalispell Public Works Department to Carol Kostman, Assistant Finance Director of the City of Kalispell, concurring with Exhibit B. The City of Kalispell Parks and Recreation has approved the landscaping plan. Attached is a letter from Michael Baker, Director of Kalispell Parks and Recreation to Norman Beach approving the landscaping plans. Also attached is a copy of the landscaping plan. 6. Enclosed is a check for $1822.00 for cash in lieu of parkland. 7. Article X Paragraph D of the Declaration of Covenants, Conditions and Restrictions of The Greenery Park. Commercial Condominiums specifies that all signage must comply with the Kalispell Zoning Ordinance. A copy of these covenants is included with this application. Z5. 1 he Greenery 11rGnllectlllal Review Cori rnittee Ilan approved tI1G �Jldll4 lUI C UiistlllCtloll of the buildings. Attached is a letter from Norman Beach, Review Committee Chairman to the Kalispell Site Development Review Committee, approving the design and construction plans. 9. The developer obtained approval from MDT to work within their right-of-way. Attached is a copy of the permit from the Montana Department of Transportation. 10. The developer obtained approval for a cluster box unit from the U.S. Postal Service. Attached is a letter from Pennie Ulvila, Carrier Supervisor to Nolan Holdings approving the location. 11. A note has been placed on the face of the final plat requiring lighting to be located in a manner that insures it will be adequately shielded and does not intrude onto adjoining properties. 12, All utilities have been installed underground. 13, All areas disturbed during development have not been re -vegetated. This item has been included in the Subdivision Improvements Agreement described above. Etas' & AsSOCIATES INC PROFESStGNAL LAND SURV YiNG ONTANA REGiSTRA-PON 8694ES fi HAPL I DRENTH PLS MONTANA REC-ISTRATION 10 84LF PosT OmcE Box 7144 SALISPELL, NIT 59904 40 -'5 -5322 vacF 4-7155-91 �2 PAX. 14. A Planned Unit Development zoning was developed and approved by the City of Kalispell and the developer. Attached are Ordinance No. 1496 amending the zoning and a copy of the Planned Unit Development Agreement, 15. Preliminary plat approval is dated May 3, 2004, less than three years old. Maintenance agreements for the common area in the commercial portion is found in Article V Paragraphs D and E of the Declaration of Covenants, Conditions and Restrictions of The Greenery Park Commercial Condominiums. Maintenance agreements for the common area in the residential portion is found in Article IV Paragraph 4 of the Declaration of Covenants, Conditions and Restrictions of The Greenery Park Residential Subdivision. A cony of these covenants is included with this application. Please find enclosed with this application the following materials related to the above -referenced fifteen conditions of preliminary plat (listed as described above, in order): I . Letter dated October 7, 2004 from City of Kalispell Public Works Department to A2Z Engineering approving construction plans. 2. Letter dated October 7, 2004 from City of Kalispell Public Works Department to Flathead City -County Health Department approving construction plans 3. Letter dated October 8, 2004 from Montana Department of Environmental Quality approving construction plans 4. Letter dated March 1, 2005 from City of Kalispell Public Works to Nolan Holdings approving construction to date 5. Letter dated January 20, 2005 from A2Z Engineering to City of Kalispell Public Works Department certifying water mains provide minimum fire flows. 6. Montana Environmental Laboratory bacteriological test result 7. Letter dated March 14, 2005 from Kalispell Fire Department to Norman Beach approving fire hydrant location, firs; flows and fire department access S. Subdivision .Improvement Agreement, Exhibit A (Conditions of Preliminary Plat Approval) and Exhibit B (estimated construction costs to completion) 9. Irrevocable Letter of Credit No. 1254 from Valley Bank 10. Letter dated February 4, 2005 from Kalispell Public Works Department to Carol Kostman, Assistant Finance Director approving Exhibit B, estimated construction costs to completion 11. Letter dated August 27, 2004 from Kalispell Parks and Recreation to Norman Beach approving the landscaping plan 12. Landscaping plan 13. Declaration of Covenants, Conditions and Restrictions of The Greenery Park Commercial EBB' & A`SSOC.tATLS INC P.ROFFSSIONAL L.ANO SUIRVEYiNG JANE L EBY FE, P S MONTANA FFGC r�7RAflQN 8 94c5 CHAE J. DPENTH Pis € ST OFFICE Box 71144 AUSPELL, MT 59904 46-75a-53 9VOICE 406-755-9132 FAX Condominiums 14. Letter dated July 15, 2004 from Nolan Holdings LLC to Kalispell Site Development Review Committee approving design and construction plans of buildings 15. Permit dated May 14, 2004 :From Montana Department of Transportation to Norman Beach for work in highway right-of-way 16, Letter dated August 31, 2004 from United States Postal Service to Nolan Holdings approving location of cluster mail box unit 17. Letter dated November 5, 2004 from United States Postal Service to Nolan Holdings with specification for cluster mail box unit 18, Ordinance No. 1496 dated May 17, 2004 changing zoning to R-5 with a PUD overlay 19, Planned Unit Development dated September 24, 2004 20. Declaration of Covenants, Conditions and Restrictions of The Greenery Park Residential Subdivision Also included with this application are the following materials: 1. Final plat application form 2. Platting Certificate from Stewart Title �. rax ertincation from riatneau' v.ourlry 4. Consent to plat from Valley Bank 5. A check for $2752.00 ($930.00 review fee + $1822.00 cash in lieu of parkland) 6. Two executed, original final plats (mylars) for filing with Flathead County Clerk and Recorder 7. One full size, executed, paper copy of the final plat 8. Four full size, paper copies of the final plat 9_ One 11 x77 reduced copy of the final plat 10. A digital copy of the final plat If you have any questions concerning this application, please feel free to contact me at anytime. Sincerely, R fi Jane . Eby PE, P L S Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 FINAL PLAT APPLICATION KALISPELL '� WHITEFISH COLUMBIA FALLS Project/Subdivision Name: 114E GP-C_4if_0 PPsP_Y__ Contact Person: Name: Address: Phone No.: - t Date of Preliminary Plat Approval: Wf CC Owner & Mailing Address: 6,01 PA K LITA Ati, � kk .i �., Type of Subdivision: Residential t,' Industrial Commercial PUD "' Other Total Number of Lots in Subdivision Land in Project (acres); f Parkland (acres) Gash -in -Lieu $Z Exempt No. of Lots by Type: Single Family Townhouse Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial f Industrial Planned Unit Development Condominium Multi -Family Other Legal Description of the Property FILING FEE ATTACHED $ Minor Subdivision with approved preliminary plat $400 + $40/lot Major Subdivision with approved preliminary plat $650 + $40/lot Subdivisions with Waiver of Preliminary Plat $600 + $40/1ot Subdivision Improvements Agreement $ 50 1 Attached Not Applicable (MUST CHECK ONEI ✓ Health Department Certification (Original) Ue Report .mow=� �.�r.,. u�ya Tax Certification (Property taxes must be paid) Consent(s) to Plat (Originals and notarized) Subdivision Improvements Agreement (Attach collateral) E- Parkland Cash -in -Lieu (Check attached) Maintenance Agreement Plats: 1 opaque OR 2 mylars 1 mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned 11X17 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 Tri-City Planning Office, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the planning board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Tri-City Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. **NOTE: Please he advis that the County Clerk 8� Recorder requests that all subdivision final plat apf lications bc�mpan�ed with a digital copy. s) Signature Date 5li all�� s **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 As approved by the TCPB, Effective 3/ 15/04 2 Montana Department of 10 17ANVMONW.NTAT. OTTAir..FTv P.O. Box 200901 v Helena, MT 59520-0901 • (406) 444-2544 • www.deq.state,n,t.us October 15, 2004 A2Z Engineering PLC 42 Village Loop Kalispell MT 59901 Dear Sir or Madarn: RE: The Greenery Municipal Facilities Exclusion EQ#05-1630 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 76-4-1.27, MCA. 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), MCAf. Construction of water or sewer extensions prior to nvn Pnhf ir. WAIer is prohibited_ and is subject to penalty'as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. This file has been mailed to the Public Water Supply Section, Kalispell Office for their review. Sincerely, Janet Skaarland Compliance Technician Subdivision Section Water Protection Bureau (406) 444-1801 — email jskaarland@state.mt.us cc: City Engineer County Sanitarian file Centralized Services Division • Enforcement Division - Permitting & Compliance Division • Planning, Pteventson & Assistance Division • Rentediation Division lf� Montana Department of ENVIRONMENTALOUALITY Judy Martz. Governor try � 109 Cooperative Way • Suite 105 • Kalispell, MT 59901-2389 • (406) 755-8985 • FAX (406) 755-8977 Robert J. Guditis, P. E. October 8, 2004 A2Z Engineering, PLC 42 Village Loop Kalispell, MT 59901 RE: The Greenery Water & Sewer Extensions and Lift Station., EQ#i05-1630 Dear Mr. Guditis: Plans and specifications for the above -referenced project have been reviewed by personnel with the Permitting & Compliance Division utilizing the certified checklist procedure and DEQ-2. The plans and specifications are hereby approved. One set of plans and specifications bearing the approval stamp of the Department of Environmental Quality is enclosed.., Approval is based on plans and specifications received October 07, 2004 under the seal of: Robert J. Guditis, P.E. # 10642 PE. Approval is also given with the understanding that any deviation from the approved plans and specifications will be submitted to the Department for reappraisal and approval. Within 90 days after the project has been completed the project engineer shall certify to the Depar,:-nent that ,the project was inspected and found to be installed in accordance with the plans and specifications • n' ♦ ay t t r n s approved by the Department. r..e 1nis ceriizication shall be accompanied by a set of -as_ouily- record drawings signed by the project engineer. It is further understood that construction will be completed within three years of the date. If more than three years elapse before completing construction, plans and specifications must be resubmitted and approved before construction begins. This three-year expiration period does not extend any compliance schedule requirements pursuant to a Department enforcement action against a public water or sewage system. Please be aware that this project may need a storm water general permit. Please contact the Water Protection Bureau at 406-W-3080-for more information. Sincerely,d,vironriiental alter uEngineer Specialist Public Wa er Supply Section .Public Water Supply and Subdivisions Bureau cc: City of Kalispell, Department of Public Works Flathead County Sanitarian File Centralized Services Division Enforcement Division • Permitting & Compliance Division • Planning, Prevention Jr Assistance Division • Remediation nivicinn �.. City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 A2Z Engineering PLC Village42 Loop w7z � • : M OUSr .. RE: The Greenery Kalispell, Montana The construction plans • supporting documents .s • -r. projetft are hereby approved. Department.Attached is your copy of the Letl:er of approvaJ sent to the Flathead City -County Hea R llr Frank Castles, P.E. Assistant City Engineer Attachment: As Stated r . e City of Kalispell Public Forst Office Boa. 1997, Ka ispelL Monti 59903-1997 - Teiephone (406)758-7720, Fax (406)738-7831 r ! ••` 1 A #.1` Dick Montgomery, P.E. Environmental Health does Flathead City -County Health Department 1035 First Avenue rest Kalispell, Mt. 59901 Re: The Greenery Kalispell, Montana RME 6 This letter is • confirm that the City of •e -E and approved the construction plans and specifications; prepared by A2Z Engineering PLC, for the ref&enced project. The Kalispell water and sanitary sewer systems have adequate capacity : serve the project. 1111111 • ..: • r: • E . -r $inC r ly, 1 [Q1Aft L.Q7CIG3, r.r,.. Assistant city Engineer cc: A2Z Engineering PLC MuxtciPAL FAaLPrmEs ExcLusiom CREcKLln (Formerly Master Plan Exclusion) Below please find the ixnformation 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 stain service and when the municipality engineering staff is reviewing the plans and specifications prior to approval. 1. Name of subdivision: The Gn=wry 2. Applicant: Name Norman Reach Address 607 rota Place, Whitefish, MT 59937 3. Engineer: Nam A2Z Engineering PLC Address 42 Village Loop, Kalispell, MT 59901 4. Copy of the preliminary or final plat; Attached M plumber of parcels in the subdivision 10 5. A copy of any applicable zoning ordmanc es in effect: Attached ❑ Not applicable 0 6. Mow construction of the sewage disposal and water supply system or extensions will be financed (method of financing) Developer Fiduciaries 7. Certification that the subdivision is: (Cheek one) ❑ Within a3urisdictional arm that has adopted a growth policy Within a first-class municipality ® Within a second-class municipality & Copy of growth policy: Attached ❑ On file 1@ Not applicable ❑ 9. Location ofthe subdivision to the city or townr vicinity map attached: Yes 0 No ❑ 10. Will the owner of the municipal iacilhies own, operate, and maintain the water supply, sewage dispel, solid waste, and storm water facilities? Yes 0 No ❑ IL All water and sewer mains or extensions as defined in §76-4-102, MCA, (a rosin or extension is any lute that serves more than one building or living unit) will be under the control and maintemnee of the certifying municipality? Yes 0 No ❑ 12. Will the existing water main(s) need to be extended to serve the subdivision? Yes No ❑ 13. Will the existing serer main(s) need to be extended to serve the subdivision? Yes No ❑ 14. Exclusion Checklist review fee ($75) included: ales E@ No ❑ 15. I mortify 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 certification is issued, and I certify that the governing body has reviewed and approved plaits to ensure adequate storm water drainage_ I further certify I am authorized to sign this form on behalf ofthe governing body, s ,g Name Frank Castles PE Signature Gay -7 1`7 Department Public Works Department Title Assistant City Engmeer City Kalispell, 59901 2 RO BERT J. OR SHARON L. GUDMS 93-70 29 406-755-7707 8097 662 Country way Please Si and Send wit Kalispell. MT 59901-2104 040OSi9424126 060041SW107 �q r 17 MONTANA DEPAPT EN' �tr� - - - - � _ � $ SUBDIVISION REMW Sl 'it-%r of Kalispell Public Works Department Post Office Box 1997, Kalispell, T-VonLana 59903-I997 - Telephone (406)758-7 720, Fax (406)738-7831 ram: March 2, 2005 Dolan Holdings, LLC 2050 U.S. Highway 93 North Kalispell, Montana 59931 Re: The Greenery Kalispell, Montana na Gentemen: The City of Kalispell Punic Works Department hereby approves the existing, completed improvements except those listed in the Subdivision Improvement Agreement, Exhibit 8, for the referenced subdivision. Approval by the City of Kalispell for the City owned and maintained improvements is granted based on the following: 3. A22 :Engineering, PLC, letter certifying that the rater main improvements within the referenced subdivision have been inspected and installed in accordance With the City of Kalispell standards and fine approved plans and specifications. 2. Receipt of a Subdivision Improvement Agreement which contains the total estinuited construction costs percent covering the estimated costs for the remaining work as listed in Exhibit B of the Subdivision Improvement Agreement. The Subdivision Improvement Agreement is certified by Robert J. Gudifis, P.E,, to tang an accurate accounting of anticipated costs for the remaining improvements. The one year warranty period for the City owned and maintained existing, compered improvements will commence on larch 1, 2ODS. The one year warranty perm 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. Sinter �' C _. Frank Castles, P.E. Assistant City Engineer Cc-- Narda Wilson, Senior Planner Tri-City Planning Office Randy Brodehl - Fire Chief .Tim Stewart - Assistant Chief/Prevention March 14, 2005 Norman Beach 607 Dakota Avenue Whitefish, MT 59937 Re: Final plat.approval — The Greenery, Phase -I Dear Mr. Beach, 312 First Avenue East Kalispell, Montana 59901 (406) 758-7760 FAX: (406) 758-7952 In response to your request for approval of the above -referenced project, our department approves final plat for The Greenery Phase I, with the following information. • Fire hydrant locations, fire flows, and fire department access are approved by this department. Please contact me if you have any questions. Sincerely, Jim Stewart Assistant Fire Chief/Fire Marshal Kalispell Fire Department cc: Narda Wilson, Tri-City Planning Office "Assisting oar communii); in reducing, preventing, and mitigating emergencies. " City ®f Kalispell -- . Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax(406)758-7758 t Igu,st 27, 2004 Mr. Norman Beach 607 Dakota Ave Whitefish, MT 59937 Re: The Greenery Landscaping Requirements Dear Norman: This letter is to serve as notification and approval of the preliminary landscaping plans as submitted for the Greenery project. Sitescape and Associates design plan will satisfy the City of Kalispell requirements. Thank you for your cooperation and consideration for developing a quality project. If you have any questions or concerns, please give me a call. Sin MicfiofBaker, Director Kalispell Parks and Recreation Nolan Holdings 607. Dakota Avenue Whitefish,�.MT 59937 RE:, '7*Greenery" ", To Whom It May Concern r Delivery has been approved'"for cluster box unit (CBU) delivery for the townhouses and office,complex in a turnout,forrhat for The Greenery. Seethe enclosed plat map for the location of the CBU's! Nolan. Holdings will supply the cement pc#ds and the cluster boxes. If. you have any questions regarding this matter, you me r contact me at .755-6450. Sincerely,' .- Pennie.Ulvila Carrier Supervisor PU:maa 43Cb r JULIWEDSMTES P©STAL SERVICE 350 N MERIDIAN RD KAISPELL, MT 59901-9998 November 5, 2004 Nolan Holdings 607 Dakota Avenue Whitefish, MT 59937 RE: "The Greenery" To Whom It May Concern: I previously sent you an approval letter and a picture for a turn -out format with Cluster Box Units (CBU) for delivery to your new subdivision. I am now sending you the specifications that should go along with the picture which are as follows: The mailbox turnout must be a minimum of 30 feet long plus an additional four feet for each CBU and parcel locker required. The turnout is to be at least 10 feet wide cn thnf tha mail rarriar'c wahir-la nr ri jcfnmaeoc vahirta Will ha rmmm1afja1%/ off fha vv . .�i i.Y t.sv.. YiwEYe Y +y,YY YVMViif1YV YFEY[Y si[ YY vv. lJY iY� Y roadway while stopped at the mailboxes. This ten foot width will be a flat level surface. The turnout, combined with the developed road surface, will provide an area wide enough for the mail carrier to completely turn around without having to. back up (at least 70 feet total width.) CBU's are to be installed at the mid point of the turnout. If you have any questions regarding this matter, you may contact me al 755-6450. Sincerely, Pennie Ulvila Carrier Supervisor Way Kalispell, MT 59901 ne:408) 755,-7888 January 20, 2005 Mr. Frank Castles PE City of Kalispell Public Works Department 312 ls` Ave. East Kalispell, MT 59901 Re: Water Main Construction for "The Greenery " Subdivision Sincerely, John Thomas' Cc Norman Beach Advantage Construction Services 607 Dakota Place Whitefish, MT 59937 65 Commons Way • Kalispell, MT 59901 Phohe: (406) 755-7888 MAY 0 5 005 I -CITY PLANNING OFFICE May 4, 2005 Narda Wilson Senior Planner - Kalispell Planner 17 Second Street East, Suite 211 Kalispell, MT 59941 Re: Storm Drainage at The Greenery Subdivision ©ear Narda: At Norman Beach's request, we are updating the status of the storm drainage improvements at the Greenery - The system is installed to route storm flow from the west end of the subdivision in the ROW of 4 mile in an enclosed 12" pipe to the culvert under 4 mile passing flow to the North. The interior subdivision drains are in place and connected to this 12" drain. The original design incorporated a storage pond wrapping the Northeast corner of the subdivision for severe event pondirrq storage. We have submitted a design change to the City which wit] provide this storage under the parking lot. This has been approved, but is as yet not constructed. Our updated Exhibit 'B' cost estimate shows this and the developer is bonding for the remainder to be constructed. I estimate that this will be completed in about 60 days. If a severe storm. w. ere to occur before its completion, the system is, still functional and flown world stilli pass ender 4 mile through the existing culvert. Sincerely, Robert J. Guditis PE Cc Norman Beach IAL L E Y B A Nr K OP KAL#SPELL Plat of The Greenery Park A subdivision located in Government Lot 1, Section 1, Township 28 North, Range 22 West Principal Meridian of Montana, Flathead County, Montana s _ ___ — >l; I RgF 96 _ •�� _____r��______-- mrvr Yr - 38 ,f x tot 7 5 � l 966 etcr2s " I 0 JI �Itl I J GRAPHIC SCALE III i I AIM --m re'v�°itl.N'«.m �ww®mo.. m i r•..,w< ru rr was 5e18� � sa a rmarm�m<w.,A swYem.,r.. ny vxww<u:�Jsmm�rw��W�•=sArme�..® � �. aal �ruor rua rmx w • iY+•r.gni�s Aee 6 A, YeeYw RgYlnlha M,. EOP16f Penilel NoelE TEPP P211 _ - IiiaN REI} rr w.i. ar:uro. y a_ tc�rXH r« Ym wpm a,n � w..,xcs n�a