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Staff Report/Final Plat Phase IICharles A. Hai -ball City Attomey FROM: SUBJECT: MEETING DATE: City of Kalispell Office of City Attorney 312 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 MEMORANDUM Mayor Pamela B. Kennedy and Kalispell City Council Charles Harball, City Attorney Chris Kukulski, City Manager Tel 4W758.7708 Fax 406.758.7771 charball@kalispcii.com Northview Heights Subdivision, Previously Known as "The Island Subdivision„ Monday, July 6, 2004 BACKGROUND: On June 3, 2002, City Council passed. Resolution 4709 that conditionally approved the preliminary plat of the Island Subdivision. In doing so, the Council adopted the Tri-City report KPP-02-2 as its Findings of Fact. The resolution and report are attached for your review. This preliminary plat was approved upon the assumptions submitted by the developer that three phases of development were anticipated. Certain required infrastructure, including improvements to North Riding Road, was contemplated by the parties. As is customary, the completion of the infrastructure was phased and the standard requirement found at Condition 14, that "a minimum of two-thirds of the necessary infrastructure for this subdivision will be completed prior to final plat submittal," was included. The preliminary plat requirements included the extension and construction of North Riding Road from its original terminus at the north end of the subdivision, south through the subdivision, to intersect with Three Mile Drive. Phase One completion required that portion of North Riding Road serving the subdivision to be constructed at least to a 22-foot wide rural construction. Phase Two completion required that portion of North Riding Road lying between Phase One and Phase Two to be constructed to City standards complete with curbs, gutters, and sidewalks. Phase Three completion required that portion of North Riding Road adjacent to Phase Three to be constructed to City standards, complete with curbs, gutters and sidewalks. Once the streets were constructed and accepted by the City, they were to be dedicated to the City and maintained by the City. Northview Heights Subdivision June 30, 2004 Page-2 The developer is now coming before Council requesting approval of the final plat of Phase 2. Subsequent to the initial approval of the preliminary plat, it came to the attention of the City staff that the property comprising what was to be the third phase of the subdivision was platted and sold as a single lot. The purchasers live immediately to the north and do not intend to develop the property, but rather hold it as greenbelt. The unintended result of this sale may be that the remaining south portion of North Riding Road, which intersects with Three Mile Drive, may never be improved to the City standards of curb, gutter and sidewalk. Given the fact that Phase 3, that is the southern portion of the anticipated development, is not currently being developed to urban. density, Council may not be concerned about the failure of that portion of the street to meet our standards. Council may be satisfied to have this condition met, if and when that portion is developed to urban density. However, subsequent to the initial approval of the Island Subdivision, the property on the east side of North Riding Road, adjacent to Phase 3, was annexed into the city, given preliminary plat approval, and is currently being developed to urban density. Because North Riding Road is entirely within the Island subdivision, is being fully constructed by that landowner and will not be dedicated to the City until the completion and acceptance of that street, the developer of the adjoining subdivision was not brought into the obligation to construct or improve the street. When the City approved the preliminary plat for the Island Subdivision, it gave the consideration to the developer to allow him to complete the required infrastructure in phases. In return for this consideration, the developer was expected to actually complete the required infrastructure. This portion of North Riding Road within the subdivision, did not exist, or have a reason to exist, prior to this development. Following completion of this development, the City has agreed to take ownership of this street and maintain it. Certainly, it was reasonable for the City to anticipate that when the development was completed, at whatever level of density, North Riding Road would meet the City standards. The developer may say that it is no longer his burden since he sold what was formerly Phase 3, now a single lot subdivision, Bitterroot heights, and that it becomes the liability of the new landowner to upgrade the remaining portion of North Riding Road, if and when the new landowner develops the property. The City, however, may argue that the transfer of the property comprising what was to be Phase 3, is in fact, at least for this developer, a completion of the second phase of the development. Therefore, the submittal now before Council could be considered as the third and final phase of the development, triggering the legal requirement to complete all anticipated infrastructure. Office of City Attorney City of Kalispell Northview Heights Subdivision .Tune 30, 2004 Page - 3 RECOMMENDATION: That Council discuss and consider whether or not the applicant for final approval of this phase of Northview Heights be required to complete or be responsible for the completion of infrastructure improvements to North Riding Road to City standards. FISCAL EFFECTS: In the future there will likely be adverse fiscal effects to accepting a street that is not constructed to our City standards. Respectfully submitted, Charles Har 1, City Attorney Chris Kukulski, City Manager Office of City Aftomey City of Kalispell T ri-City Punning Office 17 Second Street East —Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Final Plat for Northview Heights Phase 2 MEETING DATE: July 6, 2004 BACKGROUND: This is a request for final plat approval of Northview Heights Phase 2 which plats 28 residential lots on approximately 8.030 acres. This phase of the subdivision lies near the northwest corner of the subdivision.. Phase 1 which lies to the west necessitated the extension of North Riding Road from the north creating a roadway connection between the Meadowland Subdivision and Three Mile Drive. North Riding Road has been upgraded to City standards from Meadowl.and Subdivision, which is in the county, to where Phases I and 2 end or approximately 650 feet. The remaining approximately 500 feet has not been completed and what would be previously mown as Phase 3 has been platted as a single parcel and conveyed to the adjoining property owner in order to preserve their open space. Please refer to the memo from City Attorney Charlie Harball further outlining this issue. A proportionate share of the required cash in lieu of parkland dedication was submitted with the final plat application in the amount of $7,603.58. In accordance with the conditions of approval, approximately two-thirds of the required infrastructure has been completed and a subdivision improvements agreement has been submitted with a letter of credit in the amount of 125 percent of the cost of the remaining improvements with the final plat application,. The property was annexed into the city and the subdivision given preliminary plat approval by the Kalispell City Council on June 3, 2002 subject to 16 conditions. The following is a last of the conditions of preliminary plat approval for this subdivision and a discussion of how they have been met or otherwise addressed. RECOMMENDATION: Please review the memo drafted by the city attorney and consider whether to require bonding for the remaining portion of North Riding Road_ A motion to approve the final plat for the Northview Heights Phase 2 and to accept the subdivision improvements agreement would be in order. FISCAL EFFECTS; Minor positive impacts once developed. Providing Community Planning Assistance To: City of Kalispell m City of Columbia Falls • City of Whitefish . Final Plat for Northview Heights Phase 2 June 30, 2004 Page 2 ALTERNATIVES: As suggested by the city council. Respectfully submitted, Narda A. Wilson Chris A, Kukulski Senior Planner City Manager Report compiled: June 30, 2004 Attachments: Letter of transmittal Final plat application and supporting documents APPENDIX E SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 2004, by and bet) een the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and Northview I -Its LLC (Name of Developer) a Limited Liability Corporation (Individual, Company or Corporation) located at 690 N. Meridian, Suite 210, Kalispell, MT 59901 (Street Address/P.0.I3ox) (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 Northview I -Tel hts Subdivision- Phase 2 (Name of Subdivision) located at Northview I4ciahts (Location of Subdivision) and WHEREAS, the City has conditioned its approval of the final plat of Northview Heights Subdivision- Phase 2 upon the condition North Ridinb Lane (Name of Subdivision) be completed at this time., and the Developer feels required to bond for the completion of those improvements set forth in "Exhibit A". and WHEREAS, the City's Subdivision Regulations require that a Developer shall provide 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 $272 995.00. NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: l . 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 �73,227.00. Said Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days following the dates set for completion of the improvements, certifying the following: J:`:2002'vK02-010'11KO2-010-009\Wn d' Lin .24,04,APPK'NDIi �.sub.i��pro�remenC_�lluse2.doc � a_ That the creditor guarantees funds in the sum of $73,227.00, the estimated cost of completing the required North Riding Lane improvements. 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 October 31, 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 warrant 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 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. 5. Developer reserves the right to contest in court, the necessity of this Agreement and the City's demand for the completion of the improvements covered hereby at this time. I:12002%K.02-010`,K02-010-0091worciljun?4,04.Afll'ZNDIX E.sub.improverntnt.pliase2.doc 2 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. Northview heights, LLC (Name of Subdivision/Developer/Firm) by ' '-e:� (Gene —rat Partner) STATE OF MONTANA COUNTY OF FLATHEAD On this � day of 2004, before me, a Notary Public for the State of Montana, personally appeared Frank R. Strickland known to me to be the General Partner of Northview Heights, LLC, whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF. I have hereunto set nay hand and affixed my Notary Sea] this day and year first above written Notary Pub is for the 'tate ofMo Lana Residing at �- j� My Commission Expires i. MAYOR. CITY OF KALISPELL MAYOR 1 NOTARY'w a �f'fFf3i>1r1dla4jgf8ttisf7ttt? ;1,� ATTEST: FINANCE DIRECTOR EXHIBIT A NORTHVIEW HEIGHTS SUBDIVISION PHASE- 2 This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. ESTIMATED CONSTRUCTION IMPROVEMENTS STATUS COSTS Water System Complete Sewer System Complete Storm Drainage Complete Utilities FEC Complete NEW Complete CTL Complete TrenchingNaults Complete Street Improvernents Excavation Complete Subbase Complete Base Course Complete Asphaltic Concrete 4" Complete Asphaltic Concrete 2" overlay 0% Concrete Curbs & Gutter 85% Sidewalk* 0% Plantings* 0% Top Soil & Seeding 50% Total Total Financial Security (125% of cost of completion) * includes North Riding Lane k\2002&02-0101K02-010-0091Word`tjun.24.04.AIPFNDIX E_sub.improvement.phase2.doc $3,850.00 $4,351.60 N CERTIFICATE OF ENGINEER NORTHVIEW HEIGHTS SUBDIVISION PHASE- 2 1, Michael W. Fraser, a Licensed Professional Engineer in the State of Montana, acting on behalf of Thomas, Dean & Hoskins, Inc., do hereby certify: Estimated casts in Exhibit A attached hereto are true and accurate; Done thisA day of, 2004. Certificate of Notary State of .Montana County of .Flathead On this A day of 2004, before me the undersigned, a Notary Public for the State of Montana, personally appeared Michael W. Fraser, known to me to be the person whose name is subscribed to the forgoing instrument and acknowledged to one that he executed the swrle. 0 2,6 f Notary Pu is for d State of 4ontana Residing at N0TARVV-%! My COinlTlission Expires on `�• { j. SEAL J.'t20021K02-0I0lK02-Ol0-009lword;,jun 24-ti4.AP4'FNDIX E.stih.improvement.phase2.doc APPENDIX E SIIBD.1VISI10N IMPROVEMENT AGREEMENT North Riding Lane THIS AGREEMENT, made and entered into this _ day of , 2004, by and between the CITY COUNCIL, CITY OF KALISPEL L, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and Northview Heights LLC (Name of Developer) a Limited Liability Co oration (Individual, Company or Corporation.) located at 690 N. Meridian, Suite 210, Kalispell, MT S�i901 (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 `lorthview Ilei hts Subdivision- Phase 3 (Name of Subdivision) located at Northview Heights_ (Location of Subdivision) and WHEREAS, the City has conditioned its approval of the final plat of Northview Heights Subdivision- Phase 3 upon the condition North Riding Lane (Name of Subdivision) be completed at this time, and the Developer feels required to bond for the completion of those improvements set forth in "Exhibit A"; and WHEREAS, the City's Subdivision Regulations require that a Developer shall provide 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 $43,238.00. 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 $54,047.50, Said Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days following the dates set for completion of the improvements, certifying the following: .is 2002\KO2-Uio1Ko2-OtO-0091Wordljun.8.04.APPENDIX E-snb.improvement.northridinglane.doc a. That the creditor guarantees funds in the sum of S54,037.50, the estimated cost of completing the required North Riding Lane improvements. 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 November 6, 2005. 3. That upon completion of the required improvements, the Developer shall cause to be tiled 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 warrant said improvements against any and all defects for a period of one (1) year from the elate 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 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, trades 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. 5. Developer reserves the right to contest in court, the necessity of this Agreement and the City's demand for the completion of the improvements covered hereby at this time. .1:120021Kd2-0101K02-010-009\Wordijun.8.04.APPENDIX E.sub.iniprovemenT.n(}rthridinglane.doc 2 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 seats the day and year herein before written. _Nortliview Hei- ts. I.LC (Name of Subdivision/Developer/Firm) Partner) STATE OF MONTANA COUNTY OF FLATHEAD On this �2�dday of j () 4 E � , 2004, before one, a Notary Public for the State of Montana, personally appeared Frank R. Strickland known to me to be the General Partner of Nortliview Heights, LLC, whose name is subscribed to the foregoing instrument and acknowledged to me that lie executed the same. IN WITNESS WHEREOF, I have hereunto set n-ty hand and affixed my Notary Seal this day and year first above written 5. J�aasRrra� ri Notary Pu lic for'he State of ontana ' z"Y Residing atNOTARY My Commission Expires 3PSEAL Em MAYOR, CITY OF KALISPELL ATTEST: MAYOR FINANCE DIRECTOR r k,2002',K02-0 I O�IK02-016-009r�'�i;-d.ititi.R 04.E PPEN IX E- doc 001.ITe31[�1 ESTIMATE - North Riding Lane Improvements NORTHVIEW HEIGHTS SUBDIVISION NORTHVIEW HEIGHTS, LLC KALISPELL, MT - JUNE 2004 Mll NO. QUANTIT UNITS DESCRIPTION STREET, WATER, SEWER, STORM DRAINAGE, LIGHTS 1 'I LS Mobilization WATERIMPROVEMENTS 2 400 LF Water Main - 8" PVC C-900 Class 150 3 2 EA Fittings 4 1 EA 8"x12" Tapping Sleeve and Valve 5 2 EA New Fire Hydrant Assembly 8 133 SY Asphalt Replacement STREET IMPROVEMENTS 9 1,400 SY 2" Asphalt Concrete 0 800 LF Concrete Curb & Gutter 11 450 SY 4" Thick Sidewalk with base gravel 12 1 L.S. Seeding & topsoil & trees TOTAL ESTIMATE Total Financial Security (125% of Total Estimate) Engineer's Estimate Unit Price Total Price (Figures) (Figures) $2,500.00 $14,52 $350.00 $1, 800.00 $2,400.00 $10.00 $5.50 $8.60 $21.60 $2,000,00 $2,500.00 $5,808.00 $700.00 $1, 800.00 $4,800.00 $1,330,00 $7,700.00 $6,880.00 $9,720.00 $2,000.00 $43,238.00 $54,047.50 06.22.04. North. riding _Iane.impr.est..xls Page 1 EXF"IT B CERTIF.ICA`I"E OF .ENGINEER NOWFHVIEW HEIGHTS SUBDIVISION NORTH RIDING ROAD I, Michael W. Fraser, a Licensed Professional Engineer in the State of Montana; acting on behalf of Thomas, Dean & Hoskins, Inc,, do hereby certify: Estimated costs in Exhibit attached hereto are true and accurate, Done this l" day of, 2004. 0 Michael W. �re-. P.E. 41 ¢00NA F Certificate of Notary State of Montana County of Flathead On this y of d J 2004, before me the undersigned, a Notary Public for the State of Montana, personally appeared Michael W. Fraser. known to the to be the person whose name is subscribed to the forgoing instrument and acknokvledged to me that lie executed the same. NOTARY SEAL Ia002'.K02-010�IK02-010-009\Wordljun,8.04AININDIX E doc Notary Public fog- the State` f Montana Residing atMy Comm Commission Expires on Tri-City Planning Office 17 Second Street East -Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centu rytel. net June 28, 2004 Chris Kukulski, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Northview Heights Subdivision Phase 2 Dear Chris: Our office has received an application from TD 8, H for final plat approval of Northview Heights Phase 2 which plats 28 residential lots on approximately 8.030 acres. This phase of the subdivision lies near the northwest corner of the subdivision. Phase 1 which lies to the west necessitated the extension of North Riding Road from the north creating a roadway connection between the Meadowland Subdivision and Three Mile Drive. North Riding Road has been upgraded to City standards from Meadowland Subdivision, which is in the county, to where Phases 1 and 2 end or approximately 650 feet. The remaining approximately 500 feet has not been completed and what would be previously known as Phase 3 has been platted as a single parcel and conveyed to the adjoining property owner in order to preserve their open space. Please refer to the mezzo from City Attorney Charlie Harball further outlining this issue. A proportionate share of the required cash in lieu of parkland dedication was submitted with the final plat application in the amount of $7,603.58. In accordance with the conditions of approval, approximately two-thirds of the required infrastructure has been completed and a subdivision improvements agreement has been submitted with a letter of credit in the amount of 125 percent of the cost of the remaining improvements with the final plat application. The property was annexed into the city and the subdivision given preliminary plat approval by the Kalispell City Council on June 3, 2002 subject to 16 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 No 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.. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish • Final Plat for Northview Heights Phase 2 June 30, 2004 Page 2 This condition has been met. The plat for Phase 2 complies with, the approved preliminary plat with regard to the location of lots and roadways. Condition No 3. 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 roads and include the pavement, curbs, gutters, storm drainage, sidewalks and a minimum five foot landscape boulevard with street trees placed in accordance with a plan approved by the parks and recreation director. 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. The northern portion of North Riding Road associated with Phases 1 and 2 of the subdivision. Some of these improvements are being addressed under a subdivision improvements agreement that has been submitted along with a letter of credit covering the costs in the amount of 125 percent of the cost of the improvements along with a letter from a licensed engineer certifying the work and remaining costs. Condition No 3. That the developer provide documentation that the necessary easements have been obtained granting utility access to the subdivision across privately owned property to the northeast of the site. An attempt should be made on the part of the developer to acquire pedestrian access as well as utility access to provide easy access to Sunset Park. This condition has been met. A recorded easement has been submitted with the final plat granting access for utilities to the subdivision across property to the northeast. No other access was granted. Condition No 4. 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 11 / 1'7/03 approving the plans and specifications for this phase of the subdivision has been submitted with the final plat. Condition No S. 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 11/ 1'7/03 approving the plans and specifications for this phase of the Final Plat for Northview Heights Phase 2 June 30, 2004 Page 3 subdivision has been submitted with the final plat. Condition No b. That the developer obtain a letter from the Flathead County Road Department and the Montana Department of Transportation approving the intersection of North Riding Lane and Three Mile Drive and certifying that any necessary improvements have been made. This condition has been adequately addressed. A letter from the Flathead County Road Department approving the location and design of the approach has been submitted with the remaining improvements associated with the paving being addressed with the subdivision improvements agreement. Condition No 7. That the lots within the subdivision be reconfigured so that all lots meet the minimum 60-foot lot width requirements of the R-3 zoning district and the minimum lot size requirements of 7,000 square feet exclusive of any easements. This condition has been met. All of the lots in this phase of the subdivision have been designed to meet the requirements of the R-3 zoning for the property. Condition No 8. 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 signage is addressed under the subdivision improvements agreement for the subdivision and will be installed upon completion of the roads. Condition No 9. 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 post office approving a location for a cluster mailbox has been submitted with the final plat and the mailbox is in place. Condition No 10. 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, The street lighting has been addressed in the subdivision improvements agreement. Condition No 11. That the parkland dedication requirements shall be met by paying cash -in -lieu of parkland dedication in the amount of one ninth of the axea devoted to lots or 16.514 acres, based on a value of $11,285 per acre in the amount of $20,500, This condition has been addressed. Cash in lieu of parkland dedication has been submitted for this phase with the final plat in the amount of $7,603.58, the value of one ninth of the area in lots. final Plat for Northview Heights Phase 2 June 30, 2004 Page 4 Condition No 12. All utilities shall be installed underground. • This condition has been met. The utilities have been installed underground and certified with the subdivision improvements agreement. Condition No 13. That the fire access and suppression system comply with the Uniform Fire Code and a letter from the Kalispell Fire Department approving the access and number and placement of fire hydrants within the subdivision as well as fire flows and access shall be submitted with the final plat. The fire access and suppression system shall be installed and approved by the fire department prior to final plat approval. • This condition has been met. A letter from the Kalispell Fire Marshal dated 6/8/04 approving the access and fare hydrant location has been submitted with the final plat. The road has been constructed to a sub base condition and adequate access can be provided and hydrants have been installed. Condition No 14. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. • This condition has been met A subdivision improvements agreement has been submitted to address the remaining portion of the improvements to be completed. Condition No 15. 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. Revegetation will be completed after construction and is addressed in the subdivision improvements agreement. Condition No 16. 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 this subdivision has been submitted prior to expiration and will extend the preliminary plat approval for another three years from the date of the approval of Phase 3. 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 3, 2002. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. Final Plat for Northview Heights Phase 2 June 30, 2004 Page 5 COMPLIANCE WITH THE ZONING REGULATIONS This subdivision can be found to be in compliance with the Kalispell Zoning Ordinance and the R-3, Urban Residential, zoning designation for the property which governs the dimensional requirements of the lots within the subdivision and well as the uses. RECOMMENDATION: All of the conditions of preliminary plat approval have been met or otherwise adequately addressed. Staff would recommend that the Kalispell City Council approve the final plat for the first phase of the subdivision and accept the subdivision improvements agreement as submitted. Please schedule this matter for the regular city council meeting of July 6, 2004. Sincerely, Narda A. Wilson Senior Planner NW/ Attachments: 1 opaque mylars of final plat 1 reproducible mylar of final plat 1 copy of final plat Ltr from TD&,H dated 6/ 14/04 Ltr from TD&H dated 6/23/04 Final plat application dated 6/ 14/04 Ltr from Kalispell Public Works dated 11 / 17/03 Ltr from Kalispell Public Works dated 11/ 17/03 Ltr from Kalispell Parks and Rec dated 9/24/02 Ltr from Kalispell Fire Dept dated 6 / 8 / 04 Ltr from LISPS dated 12/ 11/02 Ltr from MDEQ BQ#04.01476 dated 9/29/03 Ltr from TDBsH dated 6/24/04 Memo from Kalispell Public Works dated 6 / 25 / 04 Subdivision improvements agreement - Phase 2 Ltr of credit from Glacier Bank dated 6/24/04 Subdivision improvements agreement - North Riding Road Ltr of credit from Glacier Bank dated 6/23/04 Easement date d 8 / 5 / 04 Treasurers Certification dated 6/9/04 Title report dated 6 /4 / 04 Consent to plat from Glacier Bank 6 / 14 / 04 Final Plat for Northview Heiahts Phase 2 June 30, 2004 v Page 6 Cash in lieu of parkland check for $7603.58 Reduced final plat Reduced preliminary plat c: M. Fraser, TD&,H, 690, N. Meridian Rd., Kalispell, MT 59901 Northview Heights, M & M Hensley, 690 N. Meridian. Rd., Kalispell, MT Theresa White, Kalispell City Clerk Narda Wilson Senior Planner (Kalispell) Tri-City Planning Office Ford Bldg., 17-2nd St. E., Ste. 211 Kalispell, MT 59901 Re: Northview Heights- Phase 2 Dear Narda: Attached is the Final Plat and attachments for the above referenced project. Items included are: - Application Form - Review Fee — $1,820 - Title Report - Consent to Plat - Certification Taxes Paid - DEQ Approval - Conditions Letter and Attachments - Subdivision Improvements Agreement with Letter of Credit - flat Copies (mylars, blue lines & 11x17) Please contact us if you have any questions or if you require additional information. Sincerely, THOMAS, DEAN & HOSKINS, INC. Richard J. Swan, P.L.S. RJS: db K02-010-009 Encl: Referenced Above };20020K02-0IWK€?2-0I0-[09"WordljLin.14.04-Wilsonlinai Plat.ltr.doe 09"'), Norri? .v Ttt € ris, Slii L_ 10i a t# l?:;� eh, ;,VT 5�901 - i`=�i��_i.l %5G-52-47 - [AX (4€ 6 � j --,230 CONDITIONS LETTER 1. See attached copy of Preliminary Plat (I Ix17). 2. See attached Engineer's Certification. See attached letter from Parks & Recreation, outlining type and spacing of street trees. 3. See attached copy. 4. See attached correspondence dated November 17, 2003. from Frank Castles P.E. 5. See item 4. 6. Access to Three Mile Drive was part of Phase 1. 7, All lots meet current Kalispell zoning requirements. &. Road signs have been purchased and will be installed upon delivery. 9. Mailboxes for all Phases were installed in Phase 1_ per LISPS standards, Phase 1 approval letter from Penn.ie Ulvila is attached. 10, Street lighting has been installed. See Exhibit C- Engineers certification on attached S.I.A. 11. See attached check. Phase 2 Portion. 12. All utilities are installed underground. 13. See attached correspondence from City of Kalispell Fire Department. 14. See attached Subdivision Improvement Agreement. 15, Revegetation is covered by Subdivision Improvement Agreement. See attached weed -free seed Unix. 16. NIA. ]:12002+K02-0101K02-010-00'Mord'Jun. .p .carditioi s.Ie€tci. oc Narda Wilson Tri-City Planning Office Ford Bldg., 17-2nd St. E., Ste. 211 Kalispell, M.T 59901 Re: North View Heights- Phase lI Dear Narda: Enclosed is the original application for final plat approval dated June 14, 2004 We have provided the City the enclosed request for approval of the improvements installed. We understand the City is preparing their approval of the improvements. A copy will be forwarded as soon as it is received. The City Attorney has indicated the Final Plat approval will be on the July 6`1' agenda. Your help in meeting the City's goal would be appreciated. The initial application for Final Plat approval contained a Subdivision Improvements Agreement for the sidewalk and street trees for Phase TI. Attached is a separate Subdivision Improvements Agreement for the completion of North Riding Lane. Although completion of North Riding Lane is part of Phase III, we may be compelled to complete North Riding Lane as part of Phase II. Please review the second SIA along with the previously submitted agreement. If the council requires completion as part of Phase II, the second SIA guarantees completion.. It is essential the plat be approved at the July 6"' meeting, regardless of the decision of the council. If the Council acts consistent with resolution 4709 then the SIA for North Riding Lane should be returned to this office. If the Council requires North Riding Lane be completed, then the SIA will assure the construction and should be approved with the Final Plat. Your assistance is appreciated. Sincerely, THOMtS, D'.AN & HOSKINS, INC. Michael W. Fraser, P.E. TMWF: db K02-010-009 Ene1: As referenced above Cc: Rich Dcjana North View Heights LLC Jim Hansz J 20021K02-©101K02-010-009lword\06.22.04.iiarda.1tt.Lioc 90 "N"ord, meridlan' S elite 10 1 ME T 59 01" � r406y' i -i2 - AX 2-5 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 �X WHITEFISH COLUMBIA FALLS Project / Subdivision Naive: Northview Heights Subdivision - Phase 2 Contact Person: Owner & Mailing Address: Name: Mike Fraser --- Thomas Dean 8v Hoskins Inc Nor. thview Heights, LLC Address: 690 N. Meridian Suite 101 690 N. Meridian, Suite 201 Kalispell MT 59901 Kalispell MT 59901 Phone No. 406 752-5246 406 752-2881 Date of Preliminary Plat Approval: June 3 2002 - Resolution 4709 Type of Subdivision: Residential X Industrial Commercial PUD Other No. of Lots Proposed 28 Land in Project (ac.) 8.030 AC FILLING FEE ATTACHED 1 820 Parkland (acres) NLA Cash -in -Lieu 7 603.58 Exempt _ 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/lot Subdivision Improvements Agreement $ 50 Attached Not Applicable (MUST CHECK ONE) _X Health Department Certification (Original) _X_ Title Report (Original, riot more than 90 days old) _X Tax Certification (Property taxes must be paid) _X Consent(s) to Plat (Originals and notarized) __X Subdivision Improvements Agreement (Attach collateral) _X T Parkland Cash -in -Lieu (Check attached) Maintenance Agreement _X Plats: 1 opaque OR 2 mylars 1 mylar copy 1 signed blueiine 4 bluelines 4 bluelines, unsigned *'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 be advised that the County Clerk & Recorder requests that all subdivision final plat applications be accompanied with a digital copy. Owner(s) Signature ate **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 City of Kalispell Public Works Department Post Offi� I9 i, lis lt, �� S i () -i�3 i - Telephone £ 7 $- f72 Ci '75 -' :� y - P i. 3 ( } November 17, 2003 Lisa M. Wurster, F.I.T. Thomas, Dean & Hoskins, Inc. 690 North Meridian, Suite 101 Kalispell, Montana 59901 RE: Northview Heights Subdivision, Phase II Kalispell, Montana Dear Lisa: The construction plans and supporting documents for the referenced project are hereby approved. Attached is your copy of the letter of approval sent to the Flathead City - County Health Department. We look forward to working with you on this project. Sincerely. �'� Frank Castles, P.E. Assistant City Engineer Attachment; As Stated Post d ice Box 1997, Kafispdl, I onuma 59903-1997 - Telc anc (4 6)75 -7720, Fax (400759-7331 November 17, 2003 Dick Montgomery, P.E. Environmental Health Services Flathead City -County Health Department 1035 First Avenue West Kalispell, Mt. 59901 Re: Northview Heights Subdivision, Phase II Kalispell, Montana Dear Dick, This letter is to confirm that the City of Kalispell has reviewed and approved the construction plans and specifications prepared by Thomas, Dean & Hoskins, Inc., for the referenced project. The Kalispell sanitary sewer system has adequate capacity to serve the project. If you have any questions, please do not hesitate to contact this office. Sincerely, /J 4 Frank Castles, P.E. Assistant City Engineer cc: Lisa Wurster, E.I.T. C-Afty of Kalispell Post Office Box 1997 -- Kalispell. Montana 59943-1997-Telephonz (4€6)7.58-7700 rax(406)758-7758 September 24, 2002 THOMAS, DEAN' Thomas, Dean and Hoskins Attn: Mark J. Munsinger, P.E. 690 N. Meridian, Suite 101 Kalispell MT 59901 c Re: Northview Heights Subdivision Dear Mr. Munsiger: SEA` 2002 am writing this letter in response to your request for help in developing a tree planting plan for Northview Heights Subdivision. I have enclosed a copy of our tree list for acceptable boulevard trees. Boulevards are 10' wide and all trees need to be planted a minimum of 40' a part. Trees need to be 2 114" in diameter. Large shade trees such as maple or lindens are the preferred trees. I hope this information is helpful. If I can be of further assistance, please do not hesitate to call. Si Mici:er, C.L.P. LIYi CitiL I-, idl i\s C1iii..i i SGtiYC'iglit.7S Y MB/lms enc: Parks and Recreation Tree List ava Tree List Norway Maple Red Maple Littleleaf Linden Black Walnut American Linden Horsechestnut Washington Hawthorne Columnar Norway Maple Globe Norway Maple Chrimson King Norway Maple Redmond Linden European Mountain Ash English Hawthorne Note: Assorted flowering crabs and ornamentals, as approved for small locations, overhead obstructions, etc. SEEDTNCr AEX FOR WHI T EMIf AREA, FLA TIIEW COSY Seedrag wiH be drrUed fallowing the slope contours immediately after final gradrag using the belo -r The seedingmix and rates to be used are asfoBows, S.P.ECIES Regan browe Hard fesc ue Arterwediato wbeatgrass Alsrke cloy-er Ann ual ry-egrass Ke..rrtucky bluegrass Lada�k alfalfa Timothy Napier orchardgrass . total poands s PLSIACRE 3_5 3. 0 2-5 2_5 2-5 1-5 .I_ 0 per acre 20 S ?fie # s PLS/ACRE raeans pound's per acre of pyre, , ve need that -is cert.ifzcd to be weed free. TIZe r tes sho t shvtrld be doubled if seeds are broadcast, and scat'if%xgls reclrrired after seeding to, cover- seeds with topsoil to pre re' "t Arss by mod, wa ter- and wVdlife. G02'9M��6s� ' sLS� I �E ho.99G7 p, ?/:1 ;�UNMEDSTATES —W,AO et S�MVK ' KAUSP M. Wr'ssstrs-"ss December 11, 2-002 Thomas, Dean and Hoskins, Inc. 690 NW6 Meridian, Suite 101 Kalispell,' MT 59901 RE: Northview Heights Subdivision To Whom It May Concern: The above -referenced project has been reviewed and a suitOle location for mail delivery h-as been established. Please see the attached proposed box site. We will be installing five 16-unit CBU`s and a parcel locker, I will be sending you pictures of a turnW site in theEdgerton school area that works well for doMvery and residents. Also attached are specifications for the cement pad and information on cluster box units, Sincerely,. Pennie Ulvila Supervisor, Customer Services PU.maa Attachmonts KAL,ISPEL.L. FIDE DEPARTMENT Randy Brodehl - Eire Chief :lira Steuart - Assistant Chief/Prevention Dee McCluskey -- Assistant ChieflOperations June 8, 2004 TD&H 690 North Meridian, Suite 101 Kalispell, MT 59901 Attn: Richard J. Swan Re: Final plat approval -- Northview Heights Phase 2 Dear Mr, Swan, 312 First Avenue East Kalispell, Montana 59901 (406) 758-7760 FAX: (406) 758-7952 In response to your request for final plat approval of the above -reference project we have the following information. 1. Fire hydrant locations, fire flow and fire department access are approved by this department. 2. It is our understanding that street signage will be provided prior to combustible construction. All requirements from our department for Phase 2 have been met. 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 our community in reducing, preventing, and mitigating emergencies. " Montana Department Judy Martz, 'Governor P.O. Box 200901 a Helena, MT 59620-0901 - (406) 444-2544 ® www.decl.state.mt.us September 29, 2003 Thomas, Dear & Hoskins Lisa M Wurster EIT 690 North Meridian Suite 101 Kalispell IMT 59901 Dear Ms Wurster: RE: Northview Hieghts Phase 11 Municipal Facilities Exclusion EQ#04-1476 City of Kalispell Flathead County This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 76-4-127, MCA and ARMT 17.36,602. Under 76-4-1.24, MCA, this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed {76-4-111 (3), MCA}. Construction of water or sewer extensions prior to DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. This file has been mailed to the Water Protection Bureau, Kalispell Office for their review. Sincerely, Janet Skaarland Compliance Technician Subdivision Section Water Protection Bureau (406) 444-1801 -- email jskaarlandgstate.mt.us 12� cc: City Engineer, City of Kalispell County Sanitarian. file Cewraiized services Division . Enforcement Division ^ Permitting & Compliance Division > Planning, Prevention & Assistance Division ^ Remediation Division June 24, 2004 Narda Wilson Tri-City Planning Office Ford. Bldg., 1.7-2nd St. E., Ste. 211 Kalispell, MT 59901 Re: Northview heights- Phase II Dear Narda: We have discussed the subdivision Improvements Agreement (SIA) with the city engineer. At his request, we have revised the SIA.'s. The SIA for Phase III improvements to North Riding Lane have been revised to reflect construction within IS months. The SIA for Phase 11. has been revised to include a portion of North Riding bane. If you have any questions please feel free to call me. Sincerely, TIIOMJS, Di AN"OSKINS, INC. l iehael W. Fraser, P.T. MWF: db K02.-010-009 Pncl: As reverenced above Cc: Rich DeJana Jiro Hansa J `.2002\K02-01 O'K.02-010-009lWor(I',00.24.00.narda.ltr..d(c c City of Kalispell Public Works Department Post O ficc Box 1.997. Kali 903-1997 ® Tdephonz ( 06)758-7720, Fax (406)75 -; 831. MEMORANDUM 25 June 2004 TRI®CITY PLANKING OFFICE To: Narda Wilson, Senior Planner F` ' ;/ .t. , From: James C, Hansz, P.E., Director of Public Works/City F ingineer E Subject: Northview Heights` This office has reviewed the work to date for this subdivision and also the�4ubmitted Subdivision Improvement Agreements for the uncompleted portions for the work and found them to be agreeable and satisfactory for consideration by the City Council. Attached is the analysis of this issue performed by Frank Castles along with copies of the submittals he reviewed. memoO212904_doc VGLACIER IRREVOCABLE STANDBY LETTER OF CREDIT City of Kalispell Letter of Credit No. 1-04-223 PO Box 1997 Date: June 24, 2004 Kalispell, MT 59901 Expiration Date; December 31, 2005 Amount. $73,227.00 We hereby establish in your favor an irrevocable letter of credit up to the aggregate amount of Seventy Three Thousand Two Hundred Twenty Seven and OOf100 U.S. Dollars ($73,227.00) at the request of Northview Heights, LLC. If Northview Heights, LLC fails to complete the specified improvements in the Northview Heights Subdivision within the time period set forth in the attached Improvements Agreement, we will pay on demand your draft or drafts for such funds, to the limit of credit set forth herein, as are required to complete said improvements. All drafts must indicate the number and date of this fetter of credit and be accompanied by a signed statement of an authorized official that the amount is drawn to install improvements not installed in conformance with the Improvements Agreement and specifying the default or defect in question. All drafts must be presented prior to the expiration date stated above, and this letter of credit must accompany the final draft for payment. This letter may not be withdrawn or reduced in any amount prior to its expiration elate except by your draft or written release. Unless otherwise stated, this Letter of Credit is subject to the Uniform Customs and Practices for Commercial Documentary Credit (1983 Revision) International Chamber of Commerce. GLACIER BAIK Dennis S. Beams Executive Vice President 17am M r email: gl AMR 1-1 GLACIER roBANK IRREVOCABLE STANDBY LETTER OF CREDIT City of Kalispell Letter of Credit No. 1-04-224 PO Box 1997 Date: June 23, 2004 Kalispell, MT 59901 Expiration Date: January 6, 2006 Amount: $54,047.50 We hereby establish in your favor an irrevocable letter of credit up to the aggregate amount of Fifty Four Thousand Forty Seven and 501100 U.S. Dollars ($54,047.50) at the request of Northview Heights, LLC. If Northview Heights, LLC fails to complete the specified improvements in the Northview Heights Subdivision within the time period set forth in the attached Improvements Agreement, we will pay on demand your draft or drafts for such funds, to the limit of credit set forth herein, as are required to complete said improvements. All drafts must indicate the number and date of this letter of credit and be accompanied by a signed statement of an authorized official that the amount is drawn to install improvements not installed in conformance with the Improvements Agreement and specifying the default or defect in question. All drafts must be presented prior to the expiration date stated above, and this letter of credit must accompany the final draft for payment. This letter may not be withdrawn or reduced in any amount prior to its expiration date except by your draft or written release. Unless otherwise stated, this Letter of Credit is subject to the Uniform Customs and Practices for Commercial Documentary Credit (1983 Revision) International Chamber of Commerce. GLACIER B K Dennis S. Beams Executive Vice President •" E ASENTENT THIS EASEIffiNT AND INDENTURE, made this � day of U � , 2002, by and between Thomas L. .Tones Shirigy A. Jones and Richard L. Jones Sr., hereinafter referred to as "GR�N�ITORS", and Northvie�_r_Heights LLC, its assigns and successors forever, hereinafter referred to - as "GRA-T UEE �} WTNESSETH: That for receipt of valuable considerations, the sufficiency of which is hereby aclaiowledged, the GRANTORS do hereby grant, transfer and convey unto the GRANTEE a perpetual easement for the sole purpose of installation of water mains, sewer mains, electrical Imes, gas lines, cable television lines or other necessary utilities to serve a proposed subdivision, and ingress and egress for the maintenance and repair of said mains and lines, across the real property owned by the GRANTORS for the benefit of the GRANTEE. Said easement is more particularly described: The north 25 feet of the west half of the west half of the Southwest Quarter of the Southeast quarter (WI/2 W1/2 SW1/4 SE1/4) of Section one (1), Township Twenty-eight (28) North, Range Twenty-two (22) West. Montana Principal Meridian, in Montana. Farther said easement is granted with the following conditions: 1. The Grantee shall not assess any fees or costs to the Grantor, or assignees for future connections or use of the utilities installed in the easement. 2. Access to the easement shall be limited access for maintenance and repair of the utilities and no other. No roads or paths shall be constructed on or over the easement, 3. Consideration for the easement shall be S8500. The Easement hereby granted is an easement appurtenant and is intended to serve the GRANTEE, its successors and assigns. IN WITNESS WHEREOF, the GRANTORS have hereunto set their hands the day and year first above written. �_hornas LeRoy foric Shirley Ann ones Richard �-eP�zgU Jones, Sr. State of Montana } County of Flathead CERTIFICATE OF NOTARY ) ss. On this day of &G-, 20 � before me the undersigned, a Notary Public fore Stale of Montana personally appeare , Thomas LeRoy Jones, Shirley Ann Tones and Rachard�'Jones 8r. known to me to be the persons) whose name(s) are subsenbed to the foregoing instrument and acknowledged to me that they executed the same. §R N31110 Votary Publie for t4 Stale oPkontana Residing at Kalispell , Montana My Commission Expires on 7 I r- o 0� . SEA F!J/iJllr'li It! � li f 1:1[ll1l\\ . STATE OF MONTANA, ss County of Flathead Recorded at the request of.,r this � day of 20� at / l� o'clock and recorded in the records of Flathead County, State of Montana. a �� Fee $ Pd. (Ft [heaC d ounty Clerk and RECEPTION NO.22�' �(� RETURN TO / f7U Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions & Condominiums Only BY: { FOR: °�Y��ivId'sDATE�� DESCP:� �I°1� PURPOSE-- �5 1 -26'zz YEARS ASSESSOR # 2000 THRU 000- _ ------------ & TO DATE i hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. i ------------------ _-- _ Deputy Treasurer (seal) A /-Or Form No. 1282 (Rev. 12/15195) Form 1283 Litigation Guarantee (Rev.12116/92) LITIGATION GUARANTEE SUBJECT TO THE LIMITATIONS CONTAINED HEREIN, THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FirstAmerican Title Insurance Company, a California corporation, herein called the Company. GUARANTEES the Assured named in Schedule A against loss not exceeding the IiabjRy amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurance which the company hereby gives that, according to the public records, as of Date of Guarantee shown in Schedule A: t. The title to the herein described estate or interest is vested in the vestee named in Schedule A. 2. Except for the matters shown in Schedule B, there are no detects, liens, encumbrances or other matters affecting title to the estate or interest in the land shown in Schedule A, which matters are not necessarily shown in the order of their priority. 3. a) The current interest holders claiming some right, title or interest by reason of the matters shown in Part 11 of Schedule B are as shown therein. The vestee named in Schedule A and parties claiming to have some right, title or interest by reason of the matters shown in Part 11 of Schedule B may be necessary parties defendant in an action, the nature of which is referred to in Schedule A. b) The current interest holders claiming some right, title or interest by reason of the matters shown in Part I of Schedule B may also be necessary parties defendant in an action, the nature of which is referred to in Schedule A. However, no assurance is given hereby as to those current interest holders. 4. The return addresses for mailing after recording, if any, as shown in each and every document referred to in Part II of Schedule B by specific recording information, and as shown on the docu- ments) vesting title as shown in Schedule A are as shown in Schedule C. THIS LITIGATION GUARANTEE IS FURNISHED SOLELY FOR THE PURPOSE OF FACILITATING THE FILING OF THE ACTION REFERRED TO IN SCHEDULE A. IT SHALL NOT BE USED OR RELIED UPON FOR ANY OTHER PURPOSE. �t t E ! F1rstAmerican Titlelnsurance Company' BY PRESIDENT ATTEST SECRETARY i= Q a-------- Validafing Signatory FILE NO.: CT-81280 CT-81280 H 358912 SUBDIVISION OR PROPOSED SUBDIVISION FEE: $125.00 Northview Heights Subdivision Phase 2 SUBJECT TO THE EXCLUSIONS FROM: COVERAGE, THE LIMrITS OF-'IARTLITY, AND OTHER PROVISIONS OF HE CONDITIO?`�S AVD STIPULA`I'TONS HERETO F 1 XED ANiD Y E A PART OF Tr -"IS CI1ARA2\1zEE, FIRST tjj' ERICA.IV TITLE INSURANCE COXP�TTZ, A CORPORATION, HEREIN CALLED THE COM PAIT GUARANTEES: Thor,as, Dear. & Hoskins, Inc. FOR THE PURPOSE OF AIDING 1T5 COMPLIANCE WITH F'LATT'EAD COUNTY SU7=VISION REGULATIOAIS, IN A SLR NOT EXCEEDINC $5,000.00. THAT according to those public records which, under the rewording laws of the State of Montana, impart Construc.ive notice of matters affeC Ong the title to the !ands desC'_ ib—e,a as f^._l O;_s . `.TRACT I. The Southeast Quarter of the Southwest Quarter of Section 1, Township 28 north, Range 22 West, P.MI.M., Flathead County, Montana. EXCEPTING THEREFROM that portion deeded to the State of Montana State Highway Commission by Bargain and Sale Deed, recorded December 8, 1955, in Book 383, Page 306, as Doc. No. 8406, records of Flathead County, Montana. ALSO EXCEPTING THEREFROM: Beginning at a point on thQ North right of way line of a county road, commonly known as Three Mile Drive, width said point is 50 feet North of the centerline of said county road, and is 47.4 feet North of the South Quarter corner of said Section l; thence North 01'01' East, a distance of 556.7 feet; thence North 82'431/2' West, a distance of 571.3 feet; thence South. 04°17' West, a distance of 625.5 feet to a point on the Nort't right of way line of said county road and being 60 feet from the centerline of said county road and 58 feet from the South Section line of said Section 1; thence North 89'32' East, a distance of 34.6 feet along the North right of way line of said county road; thence South 00'28' East, a distance of 1.0 feet to a point on the North boundary of said county road right of way, which line is 50 feet from the centerline of said county .road; thence North 89'32' East, a distance of 568.8 feet to the Place of Beginning. Continued... PILE NO.: CT-81280 PAGE 2 H -358912 STD EXCEPTING THEAFFROM: Commencing at a po'Lnt on the North right of way line of a county road, common-ly known as Three Miµe Dive, which sa'd point is 50 feet Nort':z of the centerline of said ccu _v road, and is 47.4 feet Nc_-zh of the South Quarter corner of said Section 1; thence South 89'32' West a?o,-g the North boundary of said county road, a distance of 568.8 feet; thence North 00'28' West, a distance of 10 feet to a point on the North boundary of said county road; thence South 89'32' ;nest along the North boundary of said county road, a distance of 94.81 feet to a point which is the Point of Eeginning of the tract of land herein being described, thence 04'_7 7ast a C'stance o- 15, fee - t'"'_er e South 04'171 West, a distance of 160 feet to a point on the North boundary of said county road; thence North 89°32' East along the North boundary of said county road, a distance of 94.81 feet; thence North 00'28' west, a distance of 10.00 feet to a point on the North boundary of said county road; thence Forth 89'32' East, a distance of 5.19 feet to Puce of Beginning, ALSO EXCEPTING THEREFROM: Co=enC4ng at a point on the North right of way ling of a county road, co..=only known. as .Three mile Drive, which said point is 50 feet ;North of the centerline of said county road, and is 47.4 feet North of the South Quarter corner of said Section 1; thence South 89'32' West along the North boundary of said county road, a distance of 763.61 feet to a point, which is the Southwest corner of that certain tract conveyed to Orine E. Steubs and Dora C. Steubs by Deed, recorded on October 7, 1-959, as Doc. No. 6233, and which point is the dace of Beuimiir_g of the tract of ?and herein being described; thence Norte 04'17` East along the West boundary of said Steubs tract, a distance of 160 feet; thence South 69*32' West, a distance of 110.00 feet; thence South 04'i7' West, a distance of 160.00 feet; thence North 89'32' East, a distance of 110.00 feet to the Place of Beginning. Continued... FILE NO.: CT--81280 PAGE 2 H-358912 ALSO EXCEPTING 'THEREFROM: Beginning at a point, the accepted Southwest corner of said Section 1, t'_ erne North 67'43'20" East, a distance of 1432.19 feet to a point on the Westerly boundary of said Southeast Quarter of the Southwest Quarter, which is the _r�e Point of Beginning; thence North 00'57'42" East along the `-westerly boundary of said Southeast Quarter of the Southwest Quarter, a distance of 318.54 .feet to a point; thence South 87'17111" East, a distance of 591.69 feet to a point; thence South 05'36'29" West, a distance of 291.75 feet to a point; thence South 39'59'16" Guest, a distance of 567.87 feet to the Point of Beginning. ALSO EXCEPTING THEREr ROY: All c± Ncrthview Heights Su _-.i_____ - Phase , according to the _..-_ an plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. ALSO EXCEPTING THEREFROM: All of Bitterroot Heights Subdivision -- Phase I, according to the map or plat thereof on file and of record in the office of the Cleric and Recorder of Flathead County, Montana. THE ABOVE DESCRIBED TRACT OF LAND IS TO BE KNOWN AND DESIGNATED AS: Northview Heights Subdivision Phase 2 (l) Part -es having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenues and other easements offered for dedication dedication by said Plat are: Northviera Heights, LLC--vested party Glacier Bank -beneficiary (2) Parties holding liens or encumbrances on the title to said lands are: 1. General and special county and city taxes For the year 2004, a lien not yet payable. NOTE: General and special county and city taxes for the year 2003 and all prior years have been paid in fu..?. Continued... FILE NO.: CT-S1280 PACE 3 H-358912 2. Deed of `gust dated September 9, 2002, to secure an indebtedness in the principal sum of AMOUNT $403,356.00, and any other amounts and/or obligations secured thereby. RECORDED September 19, 2002, as Doc. No. 2002-262-11020, records of Flathead County, Montana. G'R.=NTCR -Nort vie, Heights LLC TRUSTEE Citizen's 'Title and Escrow Co. Inc. BENEFICIARY: Glacier Bank AFFECTS . Premises and other property Modification agreement recorded February 13, 2003, as Doc. No. 2003-056-12360, records of Flathead County, Montana. _. Deed of Trust dated Fehruary 7, 2003, to secure an indebtedness in the THOUNT $500,000.00, and any other amounts and/or obligations secured thereby. RECORDED February 14, 2003, as Doc. No. 2003-045-10190, records of m latheat County, Montana. GRANTOR Northview Heights LLC TRUSTEE Citzen's Title and Escrow Co., Inc. BENEFICIARY: Glacier Bank AFFECTS : Premise and other property (3) Easements, claims of easements and restriction agreement of record are: i. Easement for ingress and egress, the installation of any utilities, utility lines, pipelines, or other means of transporting or conducting utilities, just as if the easement were a public way, granted to Robert S. Keller and Susan B. Keller, .recorded November 20, 1569, :n Book 509, Page 722, as Doc. No. 7841, records of Flathead County, Montana. 2. Easement 20 feet in Width for ingress, egress and utility purposes granted to Dewey D. Coursey and Sharon A. Coursey, recorded june 29, 1993, as Doc. No. 93---1.80-12040, records of Flathead County, Montana. 3. Covenants, conditions and restrictions, recorded May 8, 1986, as Doc. No. 86-128-16030, records of Flathead County, Montana, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). Continued... FILE NO.: CT-81280 PAGE 4 H-358912 4. i00 foot Well Isolation Zone Easement, as disclosed in document recorded May 8, 1986, as Doc. No. 85-128-16030, records of Flathead County, Montana. 5. Terms and conditions of Resolution No. 4690 regarding zoning, recorded April 3, 2002, as Doc. No. 2002--093-10450, records of Flathead County, Montana, 6. County road rig_ Ls -of -way not recorded and indexed as a conveyance it the office of the Clerk and Recorder pursuant to title 7O, chapter 21, M.C.A. 7. Easement for electric transmission and distribution line granted to Flathead Electric Cooperative, Inc., recorded January 8, 2003, as Doc. No. 2003-008-08€60, records of Flathead County, Montana. 8. Utility e er! as de_ _cted on the prmosed Plat cf Northniew Hylghts 2, reccrIs cf Flawead County, Eontama. 9. One -foot "No Access" strip along future bypass, as depicted on the proposed Plat of Nortview Heights Subdivision. - Phase 2, records of Flathead County, Montana. The above described property is located within and subject to the jurisdiction of the Kalispell City Fire District. BATED: June 4, 2004, at 8:00 A.M. STAFF, OF MONTAKA COUNTY OF Flathead. On this day of 200 , before me, said State, per scnal y appeared a notary public in and for Known to me to be the person whose name subscribed to the within instument, and acknowledged to me that executed the same Subscribed and sworn to before me this ` daopy¢fUUW1200V L NOTARY PUUr NIL Notary Public for State of Montana Residing at My Commission Expires CONSENT TO PLATTING Pursuant to Section 76-3-612, :Montana Code Annotated, I979, the undersigned, acting on behalf of Glacier Bank, being an owner of interest in the property to be subdivided as: NORTHVIEW HEIGHTS SUBDIVISION- PHASE 2 do hereby consent to the platting of said subdivision. Glacier •�:,>� CERTIFICATE OF ROTARY State of ) psi _ County of A) ss: f s� On this day of 2004, before p}me'�iix'aur ersigned a Nota Pub is for the State of Montanan , personally appeared known to me to be the person whose name is affixed to the Consent to Plattin and acknow edged to me that they executed the same, Richard DeJana & Associates, PLLC 126 North Meridian Road Post Office Box 1757 Kalispell, MT 59903-1757 Phone 406. 752, 4120 Fax 406. 752. 5415 E-mail rdcjana(W',digisys nct June 28, 2004 Charles Harball City Attorney P O Box 1997 Kalispell Mt 59903-1997 RE: Northyiew 11gights leasing,)---- Phase _II Dear Charlie: Thank you for getting the final plat approval of phase II of the above named subdivision before the council on July 6, 2004. The purpose of this letter is to provide you with documents related to the council meeting, ask you to provide a copy of this letter with the attachments to the council members before the meeting, ask you to provide me with reports on this matter from any staff including the City Mager to the Council, prior to the meeting and in sufficient time for name to respond, and finally to set forth my clients' position. I assume you will review the documents, pass them on with this letter as requested, provide me the reports in a timely manner and thus, we need to address my clients' position. HISTORY: The application for the subdivision is attached as Exhibit 1. I call particular attention to the Phasing Discussion on page I of the attachment. " PHASE HL 13 lots would include the looping of the water to Three Mile Drive and Garland street, a sewer main extension to Three Mile Drive and Garland Street, curb, gutter, sidewalk and adding sidewalk, curb and gutter to North Riding Lane from Phase 1-1I to Three Mile Drive." The phasing was shown on page 2 of the prelirnirtary plat. I have attached the phasing portion of that plat as Exhibit 2. Staff report KPP-02-2 recommended approval without any reservations about the phasing. The Planning Board did the same on May 14, 2002. On May 23, 2002, the Planning Board submitted it favorable report. (Exhibit 3). The Preliminary Plat and the "application" was approved on June 3, 2001( Exhibit 4). The area of Phase III as designated in the Preliminary Plat, due to financial considerations is now in the .hands of other parties. Staff desires prior to the final approval of Phase 1, that "adding sidewalk, curb and gutter to North Riding Lane from Phase I -II to Three We Drive" a Phase III requirenwnt be either completed or bonded. i,p'rTEK - harhall.wpd Harball letter Page 2 of 3 POSITION: My clients and I believe that imposing a condition of completion of the Phase III improvements or the bonding of the same prior to final approval of Phase II is a violation of state law_ Once a preliminary plat is approved there can be no other conditions placed upon securing time final plat. (76-3-610, MCA). Once the conditions have been met or complied with, the governing body reviews the submission for a final plat to see if it conforms to the preliminary plat. It also determines if all real property taxes and assessments have been paid. If that occurs,, therm the final plat must be signed off. The City's own regulations support this. The phasing discussion as found in Kalispell Subdivision Regulations at Section 2.07(B) requires that if phasing is desired, the developer trust propose, as part of the apbcation process and as "part of the preliminary plat approval", the phases and a phasing plan. That was done and the preliminary plat and application were approved, Included in the phasing plan has to be various phases and the public improvements that were to be completed before approval of each phase. Based on that regulation and the fact that statutorily nothing can be added after the approval of the preliminary plat, time City cannot now insist on bonding or completion of the Phase III improvements in order to secure final plat approval of Phase I. The completion of time construction and time additions to the road should not preclude final plat approval for Phase 11 under both the statutory lair and the regulations. We also believe that denial of the Phase 11 final plat would be arbitrary and capricious. This is especially true when one recognizes that my clients have pending sales that could be lost or delayed by such action. In either event, my clients will be damaged. As you ace aware, "A person who has filed with the governing body an application for a subdivision under this chapter may bring an action in district court to sue the governing body to recover actual damages caused by a final action, decision, or order of the governing body or a regulation adopted pursuant to this chapter that is arbitrary or capricious." 76-3-625 (1) MCA. That action would be in addition to the action provided under 76-3-625 (2) MCA: "A party... who is aggrieved by a decision- of the governing body to approve, conditionally approve, or disapprove a proposed preliminary plat or final subdivision plat may, -within 30 days after the decision, appeal to the district court in the county in which the property involved is located."' Thus it is essential to preserve my clients' rights should the City engage in the arbitrary and capricious action. On the other hand, my clients must act to minimize their potential damage. Although, I can assure you that imposing a land on the approval of Phase II will result in litigation, my clients have a temporary solution should the City decide to act wrongfully. 'The deleted portion references the potential parties under subsection 3 and the subdivider is included in subsection 3(a). LETTER - harball.upd Harball letter Page 3 of 3 Enclosed please find a letter to Narda Nilson (Tri-City Planning Office) and the attachments. if the city inssists on a bond, the letter of credit provided should suffice. This should assure final plat approval. My clients would then be able to sell and diminish the amount of their damages. Hopefully, the use of this will not be necessary, but at least we will have achieved a lessening ofthe claim potentially against the City. r . i PC: Michael Fraser TD&14 690 North Meridian, Suite f 01 Kalispell, NIT 59901 Enclosures listed in letter SETTER - li mod -APPLICATION FOR MAJOR S%7BDWISION PRELUMMWARY PLAT APPROVAL - This app_icat5on shall be submitted, along with all iufcaxmatio�a zequi=d by the appEcable Subdivisi035'Regulations and the Mo3atana Subdiv�-gion and Platting Act, and the app=pr-iate fee to: Tri-city Planning Office, 17 Second St Eiast, Suite 211. - Kalispe_U Wqntana 59901 Phone: (406)751-1850 Fax: (406)751.-1858 lwkzawRR N- Major SubdMsion (6 or more lots) C=dorniniums (6 or more units) MobUa Home Parks 8& Campgrounds (6 or more spaces) Amended Preliminary Plat Subdivision Variance - Com=ercial and Industrial Subdivision Pre --Application Meeting (.Major and Commercial) StMjDMSION Iq'AMM. The - Is land OWNER(S) OF RECORD: $600 + $25/lot $600 + $25/ i-nit $600 + 25/space $200 8100 (per vaTiance) Add 200 to base prelimizary plat fee 50 Name KRD Phone Mailing Address City_ Biafork State MI_ _ 59 I1 TECIMCA-L/PROFESS.IONAL PARTICIPANTS (S acveyor/Deszgaer/Engiuecr, etc): Name & Address Desxdner - DJ Kauffman - Thomas, Dean & Hoskins, 'IAP-. Name & Address Surveyor --- R.J. Swan: Thoinas , Bean & Hoskins, Inc. Name &Address Engineer - M.W. Fraser.- Thomas, Dean & Haskins, Inc. LEGAL L7ISC PTION Off` PROPERTY: City/County Kalispell�atlread�nty Street Address 247 Three �1.e Drive Assessor's Tract No(s) 0962420 Lot No(s) Tract 6 1/4 SeSW Section. I- Township 28N Range 21.W GENERAL DESCRIPTION OF SUBI) VISION.-�_��ase_ {S_ dot s�n��e faniilY residential Number of Lots. or Rental Spaces - rz,�. Total. Acreage in Subdivision 2I a2-) Total Acrea e it sots l 6.514 Minimum Size of hots or Spaces . 17 6 Total. Acreage ir, Stxeers or Roads 5.969 Maxim= Size of Dots or Spaces .482 Total Acreage La Parks, Open Spaces and/car Cc�can areas 0 1 PROPOSED USE(S) AND NUM13ER OF ASSCCiATED LOTSISFACF :- Singe ;Family �68 � . Townhouse Duplex Cornxner Apartment Industrial. Condominium -Multi-Fa wily Mobile Home Park Recreational Vehicle F-'ark Planned Emil Development - Other APPLICABLE ZOW NC DESIGNATION & DISTRICT __City of Kalispell -- R 3 FZTMATE OF M a pXET VALUE BEp, op >�PR�3 �' Ui�;NTS $ 2 7 5 , btu 0 it UROVEWFAgTS TO BE PROVIDED: Roads: Gravel _ __._ Y_Paved X_Curb _._,,, -Gunter XSidewalks Alleys Other 'Water Sysfe=: —Individual Multiple User K Neig borhood PiibEc Other ,Suer System: Individual Muitipie User X Ndghborhood Pubhe —Other Other DtAiiies: X Cable TV X Teleph®r e 1 Electric Gas Other . Solid Wash: _ y Horne Pick Up __Y-..,.._Cen�ral Storage Contract Hauler Owner Haul Mail Delivery: X Central Individual School District: Kalispell FiTe Protecdon: 2 Hydrauts Ta ea Recharge Fire District: Ka I �spel i IJrainiage System: Curls .& Gutter to exi-sting drainage. system of Kalispell PROPOSED EROSION/ SEDU%WK ''�.,�TION COXT�ROL; "Best Management Pratice�14 VARIJANCE& ARE ANY VARIANCES RE+QMSTEDI? No (yes/no) If yes, please complete the information bdow-. SECTION/REGULATION OF REGULATIONS CREATING HARDSI3IF: 0UL.AIN TEE ILARDSHIP THAT WOULD BE CREATED WITH STRICT COAXPLIANCE � OF REia ULA.T-10-WS: PROPOSED ALTERNATIVE(S) TO STRICT CON PLIANCE,S WITH ABOVE REGUI ATI[)NS- ' PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED BELOW- 9 ';ViU the granting of the variance be detrimental to the public health, safety or general welfare or injurious to other adjoining properties? 2. Will the variance cause a substantial increase in public costs? 3. Will the variance affect, in any manner, the provisions of any adopted zoning regialations or Master Plan? 4. Are there special circumstances related to the physical characteristics of the site (topographer, shape, etc.) that create the hardship? S. What other conditions are uxzique to this property that create the need for a variance? 3 A FLICATION CONTENTS: The subdivider shall submit a complete application addressing itein5 below to the Tri- City Planning Office at least Uhir, (30) clays prier to the date of the mectixzg at which it will be heard. 1 e Preliminary plat application. 2. 16 copies of the preliminary plate S. One reproducible set of supplemental information. (See Appendix A of Subdivision Regulations for the city where; the subdivision is proposed. 4. One reduced espy of the prelirnin.ary plat not to exceed 11" x 17' in size. 5. Application fee 6_ Adjoining Property Owners List (see example below): Assessor# Sec-'TF -Rn Lot/Tract No Property Owner & Mailing„Address I hereby certify under penalty of perjury and the laws of the State of Montana that the inforruation submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any informabon or representation submitted in connection with this application be untrue, I understand that any approval based thereon may be rescinded, and other appropriate action. taken. The signing of this application signifies approval for the Tri-City Planning staff to be present on the property for routine monitoring and inspection during the approval an development process. F (Applicant) (Date) as approved by the TCPI3 on 12/ 19/01 'Elective 1/1/02 INTRODUCTION This application is a follow-up request to allow continuation of project to develop a 25.32-acre parcel of R-3 zoned property into forty-eight single-family Iots. This property is situated on the north side of Three Male Drive, immediately west of the city adjoining city is zoned R-3 and is similar in design to the proposed subdivision. This project was initiated 2 months ago with annexation and initial zone request, approved by the City. The Kalispell City -County. Master Plan designates this site as being appropriate for Urban Residential purposes. According to the Master Plan, urban Residential is "a residential district which provides for eight or less units per acre" and, among other locations, is found along Three Mile Drive. The proposed development complies with all development standards and limitations set forth. in the R-3 zoning district, with all proposed lots in excess of7600 square feet. Roadway dedications within the proposed subdivision will encumber approximately 5.969 acres of land. All roads within tho subdivision will be built to, or exceed, City specifications for Urban Streets with curb & gutter on both sides of the streets to facilitate the absorption of storm water runoff. City standards require a minimum roadway width of twenty-four feet. Sidewalk will be placed on one side and street lighting with, dowawarrd directed focus will be installed. PHASE DISCUSS[01V Three phases are proposed for development over a period of -up to nine years. PHASE L- 22 lots would include the extension of water and sewer from the City, curbs, gutter, sidewalk, and lighting internal to the phase. North Riding Lane would be extended from Meadowlands to Three Mile Drive with the section -adjoining Phase I constructed to the proposed section. The remainder would be completed to a 22-foot wide rural section. PHASE XL 33 lots would include the extension of water and sever from Phase I, curb, butter, sidewalk, and lighting internal to the phase. PHASE HL- 13 lots would include the looping of the water to Three Mile Drive and Garland Street, a sewer main extension to Three Mile Drive and Garland Street, curb, gutter, sidewalk, and adding sidewalk, curb and gutter to North Riding Lane from Phase I — H to Three Mile Drive. EN IROINWI NTAL ASSESSMENT I. GEOLOGY There are no known geologic hazards on this site. There are no falls, slides, slumps or rock outcroppings. The property is gently rolling with elevations rising to the center and sloping in all directions. The site's topography is shown on the face of the preliminary plate H. SURFACE WATER The property has no surface water features. The site is not in an identified floodplain. EA The Islam -- Three t%iiie Drive Page 1 of 4 I11. VEGETATION The majority of the site is void of any natural vegetation. The entire site has been farmed, Included within the site is a residential structure and a number of outbuildings, which are not a part of the proposal. IV. "WILDLIFE No species inhabit the site. Deer, small mammals and migratory birds may utilize thq. site from time to time, though existing development to the east and north are limiting factors. V. AGRICULTURE AND TIER PRODUCTION The site has historically been used for the production of grain. The property is in an area destined (and identified in the Master Plan) for residential development. While limited fanning activity exists in the area, no timber production occurs on the site or in the vicinity. It is the applicant's intent to place a note on the face of the final -plat that warns -buyers of the fanning activity that does occur in the area. ". HISTORICAL, ARCHAEOLOGICAL OR CULTURAL FEATURES There are none known to exist on the site. VIL SENVAGE TREATMENT Sewage treatment wzli be by the City of Kalispell. The nearest main is Located near ,Sunset Court. A gravity main will be extended to the site. Typical sewage flows are estimated as 100 gallons per capita per day or 250 gallons per day per residence. A second access point for sewer will be Garland Street's intersection with Three Mile Drive. Included ra this submittal are copies of the preliminary plat shoring the location of the proposed sewer mains. The south facing slope, Phase III will require serer or gravity extension easterly on Three Mile drive to Garland Street, Kalispell's recently completed `Tacility Plan 2000" indicates the plant has capacity for the projected flows of 14,500 GPD at full build -out. VM. WATER SUPPLY Water supply will be from the city. The nearest main is located near Sunset Court. An 8" main will be extended to the site and looped through the development to Three Mile Drive and Garland Street as part of Phase 111. Pressures in the city are approximately 80 psi as part of the upper zone of the city. Preliminary analysis indicates pressures with a fire flow of 1000 gallons per minute will be greater than 40 psi. EA The Island — T me Mile give : aoe 2 ef=4 LX. SOLID NVASTE Solid waste wilf be hauled by the city to the Flathead County Landfill. X. DRAINAGE Storm water drainage for this subdivision would be accomplished through the use of gassy drainage swales along the streets to grass 111filtration areas. Erosion. would. be minimal, as the property has minimum slope_ Best Management Practices would be used to control erosion; this might include straw with silt fencing as necessary to control any erosion. Roadways would be dedicated to the public and maintained by the city with a paved surface. A. drainage plan has been included in the submitted plats. X . ROADS The project contains approximately 25.32 acres, of that, 5.969 acres is in road, existing road ROW or proposed. All internal rights -of -way are proposed to be 60 foot in width. All roads will be paved to City Urban Street Standards and will be constructed by the Developer_ The streets will be maintained by the City, with responsibility for all maintenance, including snow removal, from the travel surfaces. No lots are proposed to have direct access to Three Mile Drive; all lots would access the internal street system, Three Mile Drive is a two lane paved road and is classified as urban arterial in the Kalispell City/County Master Plan with. a 60 right-of-way. The majority of traffic would head to Meridian. Some traffic may head west and thence north or south to access Kalispell via Stillwater Road and West Reserve. The traffic generated by this project would be approximately 580 vehicle trips per day at full build -out, whi ch could take -a decade or more. Access is proposed to he provided to Three Mile Drive and the connection to North Riding Lane. XIL ETNIERGENCY SERN'ICES The proposed subdivision was located M' the West Valley Fire District. With annexation, it was withdrawn and added to the city. Preliminary engineering indicates that fire flows, volume, and pressure can be adequately provided by the proposed extensions and looping. Police protection will be supplied by the city. The residential/neighborhood type of design should reduce the number of calls to this subdivision, compared to that which would be expected in nonresidential and through street type developments. The Kalispell Medical Center is located approximately 1.5 miles to the east, awbulanceA-,mergency service would be available to deliver patients to the hospital or ALERT would provide emergency helicopter service. This subdivision is riot anticipated to over-burdeii these ser�rices. E.-k The Island -- Throe Mile Drive Page 3 of XIIL SCHOOLS The project is located within the School District 5; students would. attend Ekgerton School located on 'Whitefish Stage approximately 3 miles east of this site. The School District currently has capacity. XIS'. ECONOMIC I3ENEk`ITS The property is currently assessed as agricultural land. Taxes in 2000 were $2145. After development of the subdivision, the vacant lots will pay approximately $340 per lot or $10,200 in today's dollars. Depending on the value of the structure built on the lots; the taxes paid will be between $2,500 and $3,500. These numbers are what are currently being paid by property Owners in Country Estates. The approximate taxes paid by this subdivision when totally built out in today's dollars will be between $145,000 - $203,000. These numbers would increase as the reappraised value of the property increases. XV. LAND USE The site contains approximately 36.58 gross acres and has been used for the farming of grains This property is located immediately west, a subdivision that is zoned R-3 and has a similar design and development as this proposed development. To the north is a rural subdivision meadowlands with a private water system and on site sewer. Development to the south is irregular tract land with tract sizes of 6.25 to 20 acres. The Kalispell Plan indicates this property to be used for urban residential purposes. The classification allows a density of 8 dwelling units per gross acre. The 8 dwelling units per acre allow a zoning of R-3. A zone change has been approved, this R-3. The R-3 zone requires a minimum 600 square foot lot area. The subdivision's average lot size is approximately 9,400 squaw foot acre. The density of the subdivision is approximately 1.65 units per acre. This R-3 subdivision is well within the allowable density permitted under the Kalispell Plan. XVI. PARKS AND RECREATION FACILITIES Parkland requirements will be met by a cash in Lieu payment. XVII. UTILITIES All new utilities would be constructed underground at the time of construction of the respective phase. The necessary utilities will be supplied by the following companies: telephone — Centurytel, electricity — Flathead Electric Coop, cable --- AT&T Cable, gas --- Montana Power. EA The I51a= d — i rce 114i1e Drive Page 4 of 4 AT OF ' lii. lfil€AND THE SOUTHWEST 114 OF .D COUNTY, MONTANA_ Lt;zl Ems '� Llstl ,«ss na a 7-rr. - titSf 9CLtS3! Ng5-�^ZT� LlaS! LIZ ca: M S!'. S6 k 41+3k 7=on7 . T L150 7_ N fi'72'i' f it L)5T 12_S.tX1(' FiS1C�:14i A,^A2(1 L35Z T=WI N0T7Gf F+lFFF=13ET 67tit/E LF51 FZ"Lfgi 5',gg�,�4g--1 - (,)5i 7SC6i N4X:7S•tZ �C � �{'� � i { s Li55 17p_{,wy !J4%1-26F2 � €j jj S2 13 Lt 171 4t}T.p1 L1581 1-7 N15�SSa z L799 Ern 3v,�� .t�: zc xs vF za ',�7 n LFECI 70]:a la L1E2j 7].C)tl 1Ffi'9" ,�' `N1 Q 50 1H Ul jal 1�5.oai NDS"C5 - F+Si'G:K=RYAisay{ 9 Lt53 &1Ca1 NrgSa - 'W - 51 L)76 Si4„7y¢ N&&2'i3�1'! i6 L177f �(1f.75'i SfI.T2G'1 lu IV Lt7; i,T.4.Et N7573'49 ',ice 53 LF7�F ,l34_8ll Nr 3'aS - LnSf ryg2'-R�'�„�lV L 1']6 fVX-13.N8Z±1•:A"�' S3 Lx774 1tT.t3#' rs-.a ' L1 _laa.G61 w6gl F - L779! iSZ.171 5CQ25'121Y f L)g7( Z7 L9811 ?Jit7 _ 5z. ,,n 56 L4W 3L{77 S8S^5a'.S3 Sri ' - 2..LL2#3 t! 47`N - LiSfi -a � iq LOA LwRr - LIU 7:10a 585' -232�ij Ll9tFf 7E.Od ^7 T�-L 119I# LIW ?8..71 d167'2747W 94 d L7891 7C S6 - »sT2rtT`k L2(1Oj �22 N 4 72fkt '.f7_6L 1f8rij'S'1'W L20:1 t31.7737.77 L2a5 )32.fis 5Fi£ 33p'x' L2a6 L297 l353f,38€ = F4 AS NG PLAN NC S' 6'T "E - E209 L2 t6( Sa.W NW'�t2'" i2it i1QO.Z S73'OG'S•'E C7s! ct,t1 saoE1E ai "44' C= 4a s TF6' a'E 52,40 641 ?�91 t.zo-17f.3 311 =0 5306fsl -C7Sf 52ta SA.q_f ---v54Er't C40 22."; SL auf 25"-15'a8 - c�sl �.17 -11�oF r<r v^ Tri-City Planning Office 17 Second Street East— Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fag: (406) 751-1858 R E C E i V F D tricity@centurytel.net May 23, 2002 TNOMAS, DEAD & HOSK1{VS Chris Kukulski, City Manager MAY 2 9 2002 City of Kalispell P.O. Box 1997 Kalispell, MT 59903---b--__ P Sob No, 67 Re: Preliminary PlatApproval for the Island Subdivision`-"Ii2ee lie Drive Dear Chris: The Kalispell City Planning Board m.et on May 14, 2002, and held a public hearing to consider a request by J & F Construction for an 82 lot residential subdivision located on the north side of Three Mile Drive approximately one half mile west of North Meridian Road. This property was recently annexed and given a zoning designation. of R-3, a Residential district that has a 7,000 square feet minimum lot size requirement and is intended primarily for single family dwellings.. All of the lots within the proposed subdivision exceed the minimum lot size requirement of the district. , r... r . Narda Wilson, of the Tri-City Planning Office, presented staff report KPP-02-2 evaluating the proposal. She noted that the applicants propose developing the subdivision in three phases starting at the northeast comer and taping utilities from Sunset Court. Staff recommended approval of the preliminary plat subject to the recommended conditions. At the public hearing, several property owners spoke in opposition to the extension of North Riding Road asking that the planning board consider maintaining the long established character of the neighborhood which currently has a dead end street. A petition from residents in the area, particularly from Meadowland Subdivision, was submitted to the planning board objecting to the extension. of Forth Riding Read because of additional traffic through their neighborhood. After the public hearing the board discussed the subdivision proposal and the North Riding Road extension noting that fire access and traffic circulation would improve in the area. A motion was made and passed unanimously to recommend to the city council that the preliminary plat for the subdivision be approved subject to .the conditions outlined on attached Exhibit A. Please schedule this matter for the June 3, 2002 regular city council meeting. You nnay contact this board or Narda Wilson at the Tri-City Planning Office if you have any questions regarding this matter. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish • Preliminary Plat Approval for the island Subdivision May 23, 2002 Page 2 Sincerely Kalispell City Plan ing Board Rory Van Natta President RVN/NW Attachments: Exhibit A (conditions of approval) Staff report KPP-02-2 and application materials .f Draft minutes S/ 14/02 plan x�' g board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: J & F Const., 690 N. Meridian, Suite 210, Kalispell, MT 59901 TD & H, 690 N. Meridian, Suite 101, Kalispell, MT 59901 H: \ FRDO \TRANSMIT\ KA.LI SPEL\ 2001 \KPP-0I -3.DOC Preliminary flat Approval for the Island Subdivision May 23, 2002 Paze 3 EXHIBIT A PRELIMINARY PLAT FOR THE ISLAND SUBDIVISION CONDITIONS OF APPROVAL AS RECOMMENDED BY THE KALISPELL CITY PLANNING BOARD MAY 14, 2002 The Kalispell City Planning Board is recommending the following conditions to the Kalispell City Council for the above referenced preliminary plat. A public hearing was held on this matter at the May 14, 2002 planning board meeting: 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 road-cvays serving the subdivision shall be constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell for local roads and include the pavement, curbs, gutters, storm drainage, sidewalks and a minimum five foot landscape boulevard with street trees placed in accordance with a plan approved by the parks and recreation director. 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. 3. That the developer provide documentation that the necessary easements have been obtained granting utility access to the subdivision across pr.ivately owned property to the northeast of the site. An attempt should be made on the part of the developer to acquire pedestrian access as well as utility access to provide easy access to Sunset Park. 4. 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. S. 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. 6. That the developer obtain a letter from the Flathead County Road Department and the Montana Department of Transportation approving the intersection of North Preiiminary Fiat Approval for the Island Subdivision May 23, 2002 Pace 4 Riding Lane and Three Mile Drive and certifying that any necessary improvements have been made. 7. That the lots within the subdivision be reconfigured so that all lots meet the nunimuin 60-foot lot width requirements of the R-3 zoning district and the in=' urn lot size requirements of 7,000 square feet exclusive of any surface utilities or road easements. S. 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. 9. The developer shall provide a letter from. the U.S. Postal Service approving the plan for mail service. I.O. Street lighting shall be located -within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. 11. That the parkland dedication requirements shall be met by paying cash -in -lieu of parkland dedication in the amount of one ninth of the area devoted to lots or 16.514 acres, based on a value of $11,285 per acre in the amount of $20,500. 12. All utilities shall be installed underground. 13. That the fire access and suppression system comply with the Uniform Fire Code and a letter froin the Kalispell Fire Department approving the access and number and placement of fire hydrants within the subdivision as well as fire flows and access shall be submitted with the final plat. The fire access and suppression system shall be installed by the developer and approved by the (fire department prior to final plat approval. 14. That a rniiiimurn of tw o-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 15. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 16. That preliminary approval shall be valid for a period of three years from the date of approval. H3 I.,... `,TRA.N,9NUT \KCU 101 �KPP-1-3.DOC RESOLUTION NC. 4709 A RESOLUTION CONDITIONALLY APPROVING THE PREP -I MINARY FLAT OF Tail ISLAND SUBDIVISION, MORE PARTICULARLY DESCRIBER AS TRACT 6 OF SECT -LOW 1, TOWNSHIP 28 NORTH, R..P-NGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, J&F Construct- can ana Join Agnew, the owners of certain rQal property described above, has petitiozi�d for approval of the Prel iminar`y Plat of. said property, and WHEREAS, the Kalispell City Plaiming Board and Zoning Comm -fission held a public; heax:ii g on May 14, 2002, oil the pXE:YYosa and reviewed Preliminary Plat Report #KPP-02-W 2 issued by thn Tri.-City Plate g Of is , and TTURREAS, the Kalispell City Pla inr Foard a.nd Zoning Cotximi ssicn haSL recommended a.pprov°al of the Preliminary Plat of The Islazad oubj ect to certain co: ditions a ld recommendations, and , WHEREAS, the city Council, of the City of Kalispell at its regular Co rd,]. Meeting of June 3, 6-002, reviewed the Tri--Ci y pla--rining Office R4Zport #1KPP-02-2, reviewed the recommeiidations of the Kali pelf City Plaraiing Loa2rd end Za i.ng Commission, and found from the Preliminary Plat, and evi.deace, that the is i.xi th.e pull i,c interest. NOW THEREFORE, BE IT RESOLVED BY ` 14E CITY COUNCIL OF THE CITY OF KALI,SPELL, MONTANA An F OL7:,t3WS - SECT:[0 T. That the Findings of Fact conta,in,ed in Tri,- City Planning office Report #KPP-02-2 are hereby adapted as the Findings of Fact of the City Ccun ci l . SECgLig.w II . That the a 3 .cats nxz of J&T C©nstructicDn and John Agnew far- approval, of v tSe- Preliminary Plat or The Isl 1v5,s101.1, Kalispell; lat-Eead Conty, Montana is hereby aP�rc7ved subject to the following ccn.diti Q s : l . Dever opment of the siihdivi lion will be platted in substantial cc apliance with the approved preliminary plat which -aover-ns the location of lots and roads ays within the subdi'rlslon. 2. That the roadways serving the suhdiv lion shall he conntr%ict-ed in accorC:aTice with the radon-te Des g�a and Coo-structicn Standards :car the C ry of Kalispell fcr ?cca wows and C'� � Daveme t, cu b-z getters, L-Orm Cr nage, sidewalks and a minimum fa.ve foot landscape boulevard with street trees placed in accordance with a. plan approved, by the Parks and Recreaticn Director_ A letter: front 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 lett:ei from the Kalispell. Public Works Department stating that the required improvements have been inspected and co ply with the city standards. 3 . Trsat the developer provide documentation .tha.t the necessary easements have been obtained granting utility access to the suldiv-iszon across privately owned,, property ro the northeast of the site. An attempt should he made on the part of the developer to acquire pedestrian access a.s w t-_Il, as utility access to provide east access to Sunset Park. 4. That a letter he obtained from the Kalispell Public Works D partmQat approving the pla.as and specifications for water, sewer and drainage facilities for the subdivision- 5. A storm water drainage plans which has been designed by an engineer licensed in the state of montana ohall be prepared which complies with the Ci..ty's Design and Construction Stardardz and nhali he revlewcd and approved by the Kal apell Public Works Department_ 6. That the developer obtaim a setter from the Flathead County Road Department and the Montana Department of Transportation approving the i 4tersection of North Riding Labe and Three Mile Drive and certi yigg that any necegsa.xy iqpro�sments have been made . 7. That the lots within the subdivision be reconfigured so that all lots meet the minimum 60-fnot lot width nequiremen.tg of th.e R-3 zoning district and the minimum lot size requirements of 7,000 square . feet exclusive of any surface utilities or road easements. 8. TO road within the subdivision shall be named and signed in accoNance with the policies of the Kal.iaspell. Public Works Department anal the Uniform Traffic Control Devices Manual and be �3ubj ect to review «mod approval of the Kalispell. Fire -Department. . SI. The developer shall provide a letter from the U.S. 'Postal Service approving the Plan for mail. service_ ? 0. Street lighting shall. be .located within the suldivision and shall he .shielded so that it d Qs not M crude unnecessarily onto adj ia_ing properties. 11, That the parkland dedication r auirsmants snail Yee mer- by paying cash -in -lieu of parkland dedication in the amount of one- in h of the area devoted to lots or 16.b14 acres, base as a value of 111,285 per acre in the amount of 120,500. 12. All utilities shall be installed underground. 13. That the fire access and suppression system comply with the rnif arm Fire Codia and a lelZer from tle Kalispell Fire Department approving the accesi and number and placement of .fire hydrants withl_r the subdivision as Weal as the fare flows and access shall be submitted with the final plat. The fire access Wid SupplanSioi! System ;jhall be 11-ISLallt�d by thu developer and approved tF the fare department prior to final plat approwal. 14. That a minimam of two- thirds of the necinnary infrastruct,3.re for this subdivision shall he completed prior to final plat Submittal. 15. All arcuo di,sturbcd during d.evelopmemt of the subdivision shall be re -vegetated with a weed -free Kim immediately after devo 1opMent . 16. That the preliminawy plat shall be "alid for a period of three years from the date of approval. SECTION 111. 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 KalisDell. PASSED AND APPROVED BY TUE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 3RD DAY OF JUNE, 2002. amela B. K edy Mayer ATTEST. Theresa White city clerk Thomas. Dean &Hoskins, Inc. TD&�i _--- Engineering Consultants 1 June 24, 2004 Narda Wilson Tri-City Planning Office Ford Bldg., 17-2Dd St. E., Ste. 211 Kalispell, MT 59901 Re: Northview heights- Phase 11 Dear Narda: We have discussed the subdivision Improvements Agreement (SIA) with the city engineer. At his request, we have revised the SIA's. The SIA for Phase III improvements to North Riding Lane have been revised to reflect construction within 18 rnonths. The SIA for Phase H has been revised to include a portion of North Riding Lane. If you have any questions please feel free to call me. Sincerely, THOM S, D N JOSKrNS, INC. 1 ichael W. Eraser, P.E. MWF: db K02-010-009 Eno]: As referenced above Cc: kh-a Jim Hansz_ . l:i2002 R02-0 t o`,KO2-010-009\Wor&06.24.p5.narda.liT. Aoc 690ilor1h.l✓lerldi—an, Suite 101 - Kalispell, JVTS9901 e (406) 752-5246 . FAX (406) 7 2-5230 PLAT OF :n Em NORTHVIEW HEIGHTS SUBDIVISION- PHASE 2 LOCATED N THE SOUTfEAW QUARTER OF THE SOUTHWEST QUARTER OF SECTION TOWNBFP 28 NORTH. RANGE 22 WEST, P.M.M. FLATHEAD COUNTY. MONTANA. LEA cETsxsnwrs aP o�onwTlou c air .ew.u. rovr -ear �x u...«°`°"eea zao... xou a,®tema'tam r>e Toxxl. e.nso ec. 9 t o 12 wvsawE a6.aY t ] ....as.M$ -r a uM • n� nvn :.n.r b r rtmJ �a MPo pr °wkb. roses. F>r� w.w�.v � Y r Y R$ST NOR'T HVI E W L O O P$ >18T.� p 91 } SY 83 f b5� o• 4 dlr.® A:9 ® 9n'®'f3 aEIMNwaO� 4 s fit. s e Al m a k xs k a s ;,aas kt xar. war d ® ® �•�'® ®`©®.�' A _rsEE:_. O n vae N RTH YI$iT LOB aLa. ataar O xetTrnT ~ us P B F L.z M o -LE t 1 Tew lwa.¢arw.�n'e� bares `MIMp�o�n h�'w'm �:. awe. Mry�l (e M. pM w a re+� O �y� mtl rnn.nl a Ma uia as aar g naar�nw a°' `y sons u< ` � � � $ V bb msaa�wwMiw,.Ia Menl w�'vwnea b an hwxmm�. w¢ 17 ,a as rtrb fvM M M MY r.ri«q a W mw«run .ro«° 6lRTIP16ATE aF CRV ATTORNEY Nns M. �«anma as rb an.r a � mb mww n«aaan m a.am wti.a..w. m we � w a."�..e.r aWd m. w.a. aw. a w c.q. •a a OERTHOATE OF WAIVER OF PARK LAND GEMOATION �r v:mf.yM aL .Ma b.aa iM�v�rM".dEa we .MM wnh�aMamM n.Me..�ii Mu.. �� n.«tinm� ti nwiM d F Cmmb. uncle M. �-�r__aq �'aea�..� � wmv«. Maa. a.. n•aswn� m SHEET 1 OF 1 - PRELNRIARY PLAT OF THE ISLAND LOCAT® N TM SOU EAW " OF TM $OUNWEST OF . SEC. L T28K R21W, PAUL FLATt-SILO GOL :fYMAMMA_ YlCNffY MAP LEGEND 77 '—_ mz v cw¢ maw pan a _y ate— eve [+ ��r � ese swore -- .umw a.mrr + m.u.• sa .ee. w.a 6 wmwo Rs ----- AFEA TOTALS EAU SECrOM UTUTES � �•"f �,. SHEET 1 OF 21 PROJLUMARY FLAT OF �•�. THE ISLAND 3 Yc i LOCATED N THE SOLMHEAST 114 OF THE 84LrTHVM3T 114 OF - - SEC. 'i T28N, RMW, PAtK FLATHEAD CCIPITY, MofITANA _ 6 M - 1 @i yLMasif y� S= m _m Y1S 1 `2 L3 pis ' { Jfulf xYI�aWE ppyyP ' i 8 ] s � r yam ue R.im p h§ _M1sss �` RIIC'2it.B4Y+CNVe '�9c Sara � "_ �'gl4 y9RyE• � v� 16 1fi � um 1rn N f. 3 tT T H R E E M I L E 0 R I V E LI I i ado a� i P � T—x 11- PHASING PLAN SHEET 2 OF 21 Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricityi�centun tel.net waves. tricityplanning-mt. cam REPORT TO: Kalispell Mayor and City Council FROM: Tom Jentz, Director Chris A. Kukulski, City Manager SUBJECT Final Plat for Ashley Park Phase VII MEETING DATE: July 6, 2004 BACKGROUND: This is a request for final plat approval of Ashley Park Phase V1I a 36 lot residential subdivision with 24 single family lots and 12 townhouse lots on approximately 8.534 acres located on the west side of Airport Road at the west end of Merganser Drive. The preliminary plat approval for this subdivision was granted by the Board of County Commissioners on May 10, 1994 as a seven phase development. Five phases have previously been developed and final platted. The entire site has also been previously annexed to the city. One of the terms of preliminary plat approval is that as each phase is final platted, the next phase is granted an automatic two-year extension of the preliminary plat approval. Phase VI received final plat approval on September 2, 2003 thus this phase is well within the time frame for submittal. Approximately 58 percent of the improvements have been completed which includes the water, sewer and storm water drainage. It should be noted that a subdivision improvements agreement has been submitted with the final plat to address the completion of the remaining improvements. A letter of credit in the amount $289,030 which more than 125 percent of the remaining work has been submitted as collateral for the improvements to be completed. In addition, a cash -in -lieu of parkland check in the amount of $5,655 has also been submitted as part of this application. RECOMMENDATION: A motion to accept the subdivision improvements agreement and approve the final plat for Ashley Park Phase V1I would be in order. FISCAL EFFECTS: Potential minor positive impacts once developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, Narda A. Wil on Chris A. Kukulski Senior Planner City Manager Providing Community Planning Assistance To: City of Columbia Falls + City of Kalispell + City of Whitefish