Staff Report/Final PlatCity of Kalisppli
DepartmentPlanning
17 - 2rd Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-185
Fax: (406) 751-1855
Website: kalispellplaming.com
REPORT TO: Kalispell Mayor and City Council
FROM: Thomas R. Jentz, Director
James H. Patrick, City Manager
SUBJECT Final Plat for Stillwater Bluffs
MEETING DATE: January 3, 2005
BACKGROUND: This is a request for final plat approval of Stillwater Bluffs
Subdivision. The subdivision contains 8 single family detached residential lots and 12
two -unit townhouse lots, for a total. of 32 lots on approximately 12.45 acres. The
property is zoned R-3, Urban Single Family Residential, and R-4, Two Family
Residential. The property is located on the east side of Country Way South between
Granrud Lane and Country Way.
A majority of the required infrastructure has been completed and constructed in
accordance with City standards. The remaining improvements are being addressed
with a subdivision improvements agreement and a letter of credit in the amount of 125
percent of those costs totaling $81,875. It is anticipated that the remaining
improvements will be completed by July 30, 2005 in accordance with the agreement.
The remaining work includes completion of a lift station, street lights, street trees and
parkland improvements.
The subdivision was given preliminary plat approval with 18 conditions by the
Kalispell City Council on October 4, 2004. A list of the conditions of preliminary plat
approval for this subdivision and a discussion of how they have been met or otherwise
addressed is included with the transmittal letter attached.
RECOMMENDATION: A motion to accept the subdivision improvements agreement
and approve the final plat for Stillwater Bluffs Subdivision would be in order.
FISCAL EFFECTS: Potential positive impacts once developed.
ALTERNATIVES: As suggested by the City Council.
KFP-05-17 Me o.DOC
Page 2
Respectfully submitted,
Thomas R. Jentz .' r
Director
Report compiled: December 23, 2005
_.......
games H.'atrick
City Manager
Attachments: Letter of transmittal
Vicinity map
Final plat
Final plat application and supporting documents
2
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 7th day of November 2005, by and between
the CITY COUNCIL, City of Kalispell, Party of the First .Part and hereinafter referred to as the CITY,
and
Mission Northwest Development, LLC a Corporation, located at P.O. Box 1858, Missoula, Montana
59806, 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
Stillwater Bluffs, located in the NW 1/4, Section 31, T 29N, R 21 W, Flathead County, Montana
and,
WHEREAS, the City has conditioned its approval of the final plat of Stillwater Bluffs
upon the conditions as set forth in the Preliminary Plat of the Subdivision being completed and all
improvements as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to
bond for the completion of those improvements set forth in "Exhibit A"; and
WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a
financial security 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
$65,500.00.
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, in the amount of
$81,875.00. Said Letter of Credit has an expiration date of at least sixty (60) days following the date set
for completion of the improvements, certifying the following:
City of Kalispell
Subdivision Regulations Page 1 of 5
a. That the creditor guarantees funds in the sum of $81,875.00, 125% of the estimated cost
of completing the required improvements in Stillwater Bluffs.
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 limit of credit stated in
the letter.
2. That said required improvements shall be fully completed by July 30, 2006,
3. That upon completion of the required improvements, the Developer shall cause to be filed
with the City a statement certifying that:
a. All required improvements are complete;
b. That the improvements are in compliance with the minimum standards specified by the
City for their construction and that the Developer warrants said improvements against any and all
defects for a period of one (1) year from the date of acceptance of the completion of those
improvements by the City;
c. That the Developer knows of no defects in those improvements;
d. That these improvements are free and clear of any encumbrances or liens;
e. That a schedule of actual construction costs has been 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.
City of Kalispell
Subdivision Regulations Page 2 of s
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS,
lr iC# AV VIA
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
r 1=
City of Kalispell
Subdivision Regulations Page 3 of
STATE OF MONTANA
COUNTY OF
On this day o ��.�� 20 before me, a Notary .Public for the
State of Montana, personally appeared Q. ,
known to me to be the �.:,. c—rr�. �,:.:�����.� �k-��;� of
whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
and year first above written.
...........................
Votary Public for the State of Montana
Residing at
My Commission Expires.��'}
MAYOR, CITY OF KALISPELL
Mayor
ATTEST:
Lo
ial Seal this day
91
Finance Director
City of Kalispell
Subdivision Regulations Page 4 of 5
1W4amI131WAI
Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana.
EXHIBIT B
This agreement specifically includes the following improvements, their projected construction
completion date and estimated construction costs.
CHECK CONSTRUCTION ESTIMATED
APPROPRIATE COMPLETION CONSTRUCTION
IMPROVEMENTS BOX DATE COSTS
Lift Station
7/30/06
$ 33,300.00
Street Lights
7/30/06
$ 3,000.00
Site Grading & Seeding
7/30/06
$ 5,700.00
Street Trees
7/30/06
$ 9,000.00
Parkland Improvements
7/30/06
$ 10,000.00
Engineering & Surveying
7/30/06
$ 4,500.00
SUBTOTAL $ 65,500.00
FEES
TOTAL COST $ 65,500.00
TOTAL COLLATERAL (TOTAL COST x 125%) $81,875.00
City of Kalispell
Subdivision Regulations Page 5 of 5
.iffi1 Fit
(National
(Bank of Montana
P.O. Box 1996 -Kalispell, Montana 59903 • (406) 755-9999 • Fax (406)755-1534
IRREVOCABLE LETTER OF CREDIT
Letter of Credit No. 121405
Dated: December 14, 2005
Expiration Date: September 30, 2006
Amount: $81,875.00
Kalispell City Council
City of Kalispell
PO Box 1997
Kalispell, MT 59903
We hereby establish in your favor an irrevocable letter of credit up to the aggregate
amount of $81,875.00 at the request of Mission Northwest Development, LLC.
If Mission Northwest Development, LLC fails to complete the specified subdivision
improvements in the Stillwater Bluffs 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.
First National Bank of Montana, Inc.
Wade E Elder
City of Kalispell
Planning Department
17 - Td Street Fast, Suite 211.. Kalispell, Montana 59901
Telephone: (406)751-1850
Fax: (406) 751-1858
Website: kalispellplanning.coan
December 27, 2005
Mr. James Patrick, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59901
Re: Final Plat for Stillwater Bluffs Subdivision
Dear Jim:
This is a request for final plat approval of Stillwater Bluffs Subdivision. The
subdivision contains 8 single family detached residential lots and 12 two -unit
townhouse lots, for a total of 32 lots on approximately 12.45 acres. The property is
zoned R-3, Urban Single Family Residential, and R-4, Two Family Residential. The
property is located on the east side of Country Way South between Granrud lane and
Country Way.
A majority of the required infrastructure has been completed and constructed in
accordance with City standards. The remaining improvements are being addressed
with a subdivision improvements agreement and a letter of credit in the amount of 125
percent of those costs totaling $81,875. It is anticipated that the remaining
improvements will be completed by July 30, 2006 in accordance with the agreement.
The remaining work includes completion of a lift station, street lights, street trees and
parkland improvements.
The subdivision was given preliminary plat approval with 18 conditions by the
Kalispell City Council on October 4, 2004. A list of the conditions of preliminary plat
approval for this subdivision and a discussion of how they have been met or otherwise
addressed is included with the transmittal letter attached.
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 number and location
of lots within the subdivision, common areas and roadways.
This condition has been met. The lots have been platted as approved.
Condition No. 2 All of the public infrastructure shall be constructed in accordance
with the Kalispell Standards for Design and Construction and the Kalispell
Subdivision Regulations. A letter from the Kalispell Public Works Department shall be
submitted stating that the plans and specifications for the subdivision have been
reviewed and approved by that department for compliance with City standards.
This condition has been met. Attached is a letter from the Kalispell Public
Works Department dated April 18, 2005 that approves the construction plans
and specifications.
Condition No. 3 A letter from an engineer licensed in the State of Montana shall be
submitted at the time of final plat certifying that the improvements have been installed
according to the required specifications 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 met per letter dated November 21, 2005 from Erik
Garberg, P.E. certifying all work installed to date. In addition a letter Frank
Castles Kalispell Public Works Department dated December 23, 2005 approving
all work to date is enclosed.
Condition No. 4 That a Municipal Facilities Exemption shall be obtained from the
Department of Environmental Quality for the subdivision.
• This condition has been met per the attached Municipal Facilities Exclusion
Checklist signed by Frank Castles, Assistant City Engineer.
Condition No. 5 That the developer shall obtain written approval for the proposed
extension of Country Way South from the County load Department and any
conditions or improvements associated with the approvals be completed prior to final
plat submittal.
This condition has been met per attached letter from. County Road
Superintendent Charlie Johnson dated November 10, 2005 and letter from
Assistant City Engineer Frank Castles dated April 19, 2005.
Condition No. fi The roads 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 approved by the Kalispell Fire
Department prior to final plat submittal.
This condition has been met. Attached is a letter from Fred Zavodny, Kalispell
Public Works dated November 4, 2005 approving street names.
Condition No. 7 The developer shall provide a plan for mail service approved by the
U.S. Postal Service.
This condition has been met. Attached is a letter from the U.S. Postal Service
dated July 27, 2004 that approves the plans.
Condition No. S 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 met. Street lights are included in the Subdivision
Improvements Agreement.
Condition No. 9 In consultation with the Kalispell Parks and Recreation Director,
the parkland dedication requirements shall be met with a combination of land and
park improvements within the area designated on the plat as the homeowners park. A
specific plan shall be developed for those improvements and written approval shall be
obtained from the Kalispell Parks and Recreation Director. Those improvements shall
be made prior to the submittal of the fugal plat application or bonded for in accordance
with the provisions of the Kalispell Subdivision Regulations.
This condition has been met. Attached is a letter from Kalispell Parks Director
Michael Baker dated October 17, 2005 approving the parks and landscaping
plan. Completion of these improvements is included in the Subdivision
Improvements Agreement.
Condition No. 10 That a minimum five foot landscape buffer be placed between the
curb and the sidewalk which shall be landscaped in accordance with a plan reviewed
and approved by the Kalispell Parks and Recreation Director.
• This condition has been met. Attached is a letter from Kalispell Parks Director
Michael Baker dated October 17, 2005 approving the parks and landscaping
plan. Completion of these improvements is included in. the Subdivision
Improvements Agreement.
Condition No. 11 All utilities shall be installed underground.
This condition has been met. All utilities are designed and constructed
underground.
Condition No. 12 That the following shall be reviewed and approved by the Kalispell
Fire Department:
a. Water mains designed to provide minimum fire flows shall be installed at
approved locations. Minimum fire flows shall be in accordance with Uniform
Fire Code (1997) Appendix III -A.
b. Fire hydrants shall be provided at locations approved by this department,
prior to combustible construction.
c. Fire Department access shall be provided in accordance with Uniform Fire
Code (1997) Article 9.
• This condition has been met. Please see attached letter from, Fire Marshall Jinn
Stewart dated February 22, 2005.
Condition No. 13 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. Please see attached Subdivision Improvements
Agreement.
Condition No. 14 That a homeowners association be established for the
maintenance of the common area based upon a pro-rata share of costs.
• This condition has been met. In addition there is a note on the plat distributing
the assessment across all the owners for the common areas.
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 met. It is included in the attached Subdivision
Improvements Agreement.
Condition No. 16 Proposed Lots 20A and 20B be renumbered as 20 and 21 and a
note be placed on the face of the final plat that denotes their purpose, i.e. "Lot 20 shall
be developed with a single family residence and Lot 21 shall be used for storage of
equipment for common area maintenance." Alternately, Lot 20B can be eliminated all
together and made part of the common area if the sole purpose of the lot is to provide
a storage shed for maintenance equipment for the common area.
• This condition has been met. The original lot 20B as shown in the preliminary
plat has been eliminated and included in the common area.
Condition No. 17 A note shall be placed on the face of the final plat which states,
"Property owners waive protest to the creation of a special improvement district for the
upgrade of roads in the area to City standards which would be impacted by this
subdivision."
This condition has been met per note on the face of the final plat.
Condition No. 18 That preliminary plat approval shall be valid for a period of three
years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04).
This condition has been met. The preliminary plat was granted October 4,
2004.
COMPLIANCE WITH APPROVED PRELIMOINARY PLAT
The final plat is in compliance with the preliminary plat which was submitted and
approved.
COMPLIANCE WITH THE SUBDIVISION REGULATIONS:
This subdivision plat has been found to be in compliance with the State and City
Subdivision Regulations.
COMPLIANCE WITH THE ZONING REGULATIONS
This subdivision complies with the Kalispell Zoning Ordinance, the R-3 and R-4
zoning, and the conditional use permit granted earlier this year.
RECOMMENDATION:
All of the conditions of preliminary plat approval have been adequately addressed.
The staff recommends that the Kalispell City Council approve the final plat for this
subdivision. Please note that the Subdivision Improvements Agreement should be
accepted along with the final plat approval. Please schedule this matter for the
January 3, 2006 regular city council meeting if possible. You may call me at 751-
1850 if 1 can be of assistance to you regarding this matter.
Sincerely,
v
Tom Jentz
Director
Attachments: Vicinity map
1 opaque mylar of final plat
1 reproducible mylar of final plat
1 blueline of final plat
Letter from Robert Stauffer, Schwarz Engineering dated 9 / 15/ 05
Final plat application dated 11 / 18/05
City Resolution #4933 -Conditions of preliminary plat approval
Letter from Kalispell DPW dated 4/ 18/05
Letter from Erik Garberg, Schwarz Engineering dated 11 / 21 /05
Letter from Frank Castles, KPW dated 12 / 23/ 0S
Municipal Facilities Exclusion checklist
Letter from Kalispell DPW dated 4 / 19 / 05
Letter - Road Superintendent Charlie Johnson dated 11 / 10 /05
Letter from KPW Fred Zavodny dated 11/4/2005
Letter from U.S. Postal Service dated 7/27/04
Letter from Kalispell Parks & Recreation Dept. dated 10/ 17/05
Letter from Kalispell Fire Marshal Jim Stewart dated 11 /22/05
Letter from MDEQ (EQ#k05-2891)
Letter from Environmental Health Services dated 6/22/05
Title report #7208926-1288 dated 9/28/05
Consent to plat from Mission Northwest Development LLC dated
11/18/05
Treasurer's certification dated 11 / 28 / 05
Covenants
Subdivision Improvements Agreement dated 11/7/05
Irrevocable Letter of Credit from First National Sank of Montana
dated 9/ 12/05
11 x 17 copy of final plat
c: Robert Stauffer, Schwarz Architecture and Engineering, Inc. 100 Financial
Drive, Suite 120, Kalispell, MT 59901
Theresa White, Kalispell City Clerk
ARCHITECTURE
December 15, 2005
Ms. Narda Wilson
Kalispell Planning Department
17 Second Street East
Kalispell, MT 59901
Re: Final Plat for Stillwater Bluffs Subdivision
Dear Narda:
E - CIE -BY g UD
i.irr"
'L;r2005
Mission Northwest Development, developers of Stillwater Bluffs Subdivision, wish to file for Final
Plat Approval at this time. Improvements have been completed as described in the
following item -by -item breakdown of the eighteen (18) conditions listed in the Preliminary Plat
Approval dated October 4, 2004. A final plat application with filing fee and Subdivision
Improvement Agreement addressing the conditions which are not complete are also
enclosed.
The site has been developed in substantial conformance with the approved Preliminary
Plat.
Z The roadways for the project are partially completed and have been and will be
constructed in accordance with the City of Kalispell adopted Standards for Design and
Construction. A letter from a licensed engineer certifying the roadway improvements
that have been completed is enclosed. The incomplete portion of the right-of-way
construction has been included in the Subdivision improvement Agreement and has
been bonded for.
3. A letter from a licensed engineer certifying the improvements that have been completed
to date is enclosed. A final certification letter will be submitted when all the improvements
have been completed.
4. A copy of the letter from the Montana Department of Environmental Quality approving
the Municipal Facilities Exclusion and the approval letter from Environmental Health
Services approving the plans and specifications for the project are enclosed.
5. A letter from the Flathead County Road Department approving the improvements to
Country Way South is enclosed.
6. Roads within the subdivision have been named and approved per the Kalispell
Public Works Department. Street signs have been installed.
7. A letter from the U.S. Postal Service approving the mail delivery plan is enclosed.
8. Street lighting has been installed in the Subdivision and has been located within the
development so as not to intrude onto adjoining properties.
SCHWARZ ARCHITECTURE AND ENGINEERING, INC.
100 Financial Dr., Suite 120 - Kalispell, MT 59901 - Tel: 406.755.1333 - Fax: 406.755.1310 - www.schwarzae.corn
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11
.var^da Wilson, Kalispeli Planning Depar•tnierat 1211512005
Re. -Final Plat for Stillwater Bluffs Subdivision page 2 of 2
9. A letter from the Kalispell Parks Department approving the parkland plan is enclosed.
10. A six foot landscape buffer has been placed between the back of curb and the
sidewalk. A landscaping plan has been approved by the Kalispell Parks
Department.
1 i . All utilities have been installed underground.
12. Water mains and hydrant locations have been reviewed and approved by the Kalispell
Fire Department. A letter is enclosed.
10. Two-thirds of the infrastructure improvements have been completed. A break -down
Is included with the Subdivision Improvement Agreement,
14, Abbreviated Homeowners Association Documents addressing maintenance of the
common areas are enclosed. A detailed set of Conditions, Covenants and Restrictions
are being developed and will be filed as soon as they are completed.
15. Areas disturbed during construction will be seeded with a weed -free mix. This item has
been included in the Subdivision improvement Agreement.
16. Lots 20A and 20B will remain as originally proposed.
17. A note has been placed on the Final Plat as requested.
The Subdivision Improvement Agreement lists the items which have not been completed,
projected construction costs and completion dates. Also enclosed are a Title Report and
two (2) signed Mylar copies of the Final Plat of Stillwater Bluffs Subdivision.
Please call me if you have any questions.
Sincerely,
Inc.
Enclosures as Listed
Cc: Mission Northwest Development
Project File # 1076.02
\\Saesarver\dOCUment5\Project Files\Neuscher, Larry\Stiitwa!er Bluffs\Ihspeclion\Norda Wilson, December 15,2005.doc
City of Kalispell
Planning Department
nd
17 - 2 Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
FINAL PLAT APPLICATION
Project /Subdivision. Name: Stillwater Bluffs
Contact Person:
Name: Schwarz Architecture & Engineering, Inc.
Address: 100 Financial Drive, Suite 120
Kalispell, UT 59901
Phone No.: 406.755.1333
Date of Preliminary Plat Approval: 10.4.2004
Type of Subdivision: Residential X Industrial _
Total Number of Lots in Subdivision. 32 Lots
Land in Project (acres) 12.45 Acres
Parkland (acres] .7 Acres Cash -in -Lieu $
No. of Lots by Type:
Single Family 32
Townhouse .
Duplex
Apartment
Commercial
Industrial
Condominium
Multi -Fancily
Owner & Mailing Address:
Mission Northwest Development, LLC
P.O. Box 1858
Missoula, MT 59806
Commercial PUD Other
Exempt
Mobile Home Park
Recreational Vehicle Park
Planned Unit Development
Other
Legal Description of the Property Tracts 5H & 5HA in Section 31, T 29N, R 21W, P.M.M.,
Flathead County, Montana
FILING FEE ATTACHED $3,900.00
Minor Subdivision with approved preliminary plat $400 + $100/lot
Major Subdivision with approved preliminaxy plat $650 + $100/lot
Subdivisions with Waiver of Preliminary Plat $600 + $100/lot
Subdivision Improvements Agreement $ 50
Attached
Not Applicable (NIUST CHECK ONE)
X
Health Department Certification (Original)
X
Title Report (Original, not 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 Parkland Cash -in -Lieu (Check attached)
X
Maintenance Agreement
X
Plats: 1 opaque OR 2 mylars
1 mylar copy 1 signed blueline
4 bluelines 4 bluelines, unsigned
I IX17 Copy I lX17 Copy
**The plat must be signed by all owners of record, the surveyor and the examining land surveyor.
Attach a letter, which lists each condition of preliminary plat approval, and individually state how each
condition has specifically been met. In cases where documentation is required, such as an engineer's
certification, State Department of Health certification, etc., original letters shall be submitted. Blanket
statements stating, for example, "all improvements are in place" are not acceptable.
A complete final plat application must be submitted no less than 60 days prior to expiration date of the
preliminary plat.
When all application materials are submitted to the Kalispell Planning Department, and the staff finds the
application is complete, the staff will submit a report to the governing body. The governing body must act
within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals
will not be accepted and will not be forwarded to the governing body for approval. Changes to the
approved preliminary plat may necessitate reconsideration by the planning board.
I certify that all information submitted is true, accurate and complete. I understand that incomplete
information will not be accepted and that false information will delay the application and may invalidate
any approval. The signing of this application signifies approval for Kalispell Planning staff to be present
on the operty or routine monitoring and inspection during the approval and development process.
** TE:' ase be advised that the County Clerk &Recorder requests that all subdivision final
pla app }ins 6e c ompanied with a digital copy.
s)
Date
**A digital copYffhe 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.
2
RESOLUTION NO.4933
A RESOLUTION CONDl!T1ONALLY APPROVING THE PRELIAIINARY PLAT OF
STILLWATER BLUFFS SUBDfVISION, MORE PARTICULARLY DESCRIBED AS
ASSESSOR'S TRACTS 5H AIND SHA IN SECTION 31, TOWNSHIP 29 NORTK RANGE 21
WEST, P.M.M., FLATHEAD COUNTY, MO TANA.
WHEREAS, Larry and Sandy Heuscher, the owners of the certain real property described above
have petitioned for approval of the Subdivision Plat of said property, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public Bearing on
August 10, 2004, on the proposal and reviewed Subdivision Report #KPP-04-10
issued by the Tr-i-City Planning Office, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminaq Plat of Stillwater Bluffs Subdivision, subject to certain
conditions and recommendations, and.
WHEREAS, the City Council of the City ofKalispell at its regular Council Meeting of September
7, 2004, reviewed the Tri-City Planning Office Report #KPP-04-10, reviewed the
recommendations of the Kalispell City Planning Board and Zoning Commission, and
found from the Preliminary Plat, and evidence, that the subdivision is in the public
interest.
NOW THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPEL L, MONTANA AS FOLLOWS:
SECTION, L That the Findings of Fact contained in Tri-City Planning Office Report
#KPP-04-10 are hereby adopted as the Findings of Fact of the City Council.
SECTION 11. That the application of the Heuschers for approval of the Preliminary Plat of
Stillwater Bluffs Subdivision, Kalispell, Flathead County, Montana is hereby
approved subject to the follov6ng conditions:
1, Development of the subdivision shall be platted in substantial compliance with the approved
preliminary plat which governs the number and location of lots within the subdivision, .common
areas and roadways. • .
2.. All of the public infrastructure shall be constructed in accordance with the Kalispell Standards
for Design and Construction and the Kalispell Subdivision Regulations with the exception ofthe
roadway which shall be designed and constructed in accordance with an alternative }plan
approved by the Kalispell Public Works Department and the Kalispell City Council. A letter
front the Kalispell Public Works Department shall be submitted stating that the plans and
specifications for the subdivision have been reviewed and approved by that department for
c tnpliance with City standards.
3. A. letter from an engineer licensed in the State of Montana shall be submitted at the time of final
plat certifying that the improvements have been installed according to the required
specifications along with a letter from the Kalispell Public Works Depaxt-ment stating that the
required improvements have been inspected and comply with the City standards,
4. That a Municipal Facilities Exemption shall be obtained from the Department of
Environmental Quality for the subdivision.
5. That the developer shall obtain written approval for the proposed extension of Country Way
South froin the County Road. Department and any conditions or improvements associated with
the approvals be completed prior to final plat: submittal.
6, The roads within the subdivision shall be na=d and signed in accordance with the policies of
the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and
approved by the Kalispell Fire Department prior to final plat submittal.
7. The developer shall provide a plats for mail service approved by the U.S. Postal Service.
g. Street lighting shall be located within, the subdivision and shall be shielded so that it does not
intrude unnecessarily ante adjoining properties.
9, In consultation with the Kalispell Parks and Recreation Director, the parkland dedication
requirements shall be met with a combination of land and park improvements within the area
designated on the plat as the homeowners' park. A specific plan shall be developed for these
improvements acid writWn approval shall be obtained from the Kalispell Parks and Recreation
Director. Those improvements shall be made prior to the submittal of the final plat application
or bonded for in accordance with the provisions of the Kalispell Subdivision Regulations,
10. That a miniaitun five font landscape buffer be placed between the carts and. the sidewalk- which
shall be landscaped in accordance with a plan reviewed and approved by the Kalispell Paft and
Recreation Director.
11..All utilities shall be installed underground.
12. That the following shall be reviewed and approved by the Kalispell Fire Department:
a. Water mains designed to provide minimum fire vows shall be installed at approved
locations. Minimum fire flows shall be its accordance with Uniform Fire Cade (1997)
Appendix .III -.A.
b, Fire ,hydrants shall be. provided at locations approved by this department, prior to
combustible construction.
c. Fire Department access shall be provided in accordance with Uniform mire Code (1997)
Article 9.
13. That a minirtrum of two-thirds of the necessary infras-trttcture for this subdivision shall be
completed prior to final plat submittal.
14. That a homeowners association be established .foot the maintenance of the common area based
upon a pro -rasa share of costs.
15. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free
zarttix immediately after development.
16. Proposed Lots 20A and 20B be renumbered as 20 and 21 and a note be placed on the face of the
final plat that denotes their purpose, i.e. "Lot 20 shall be developed with a single family
residence and Lot .21 shall be used for storage of equipment for common area maintenance."
Alternately, Lot 20B can be ebminated all together and .made hart ofthe common area ifthe sole
purpose of the lot is to provide a storage shed for maintenance equipment for the common area.
17. A note shall be placed on the face ofthe final plat, which states, "Property owners waive protest
to the creation of a special improveinent district for the upgrade of roads in the area to City
standards which would be impacted by this subdivision."
18, That preliminary approval shall be valid for a period of three years from the date of approval.
SECTION Bill . Upon proper review and filing of the Final Plat of said subdivision in the
office of the Flathead County Clerk and Recorder, said premises small be a
subdivision. ofthe City, of Kalispell.
PASSED ARID APPROVED BY THE CITY COUNCIL AND SIGN -ED BY THE MAYOR OF TBE
CITY OF KALISPELL, THIS 4T 1 DAY OF OCT{)R9R,..2004.
Pamela B. Kennedy
Mayor
ATTEST:
eresa White
City Clerk
City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 599€73-1997 - Telephone (406)758-7720, Fax (406)758-7831
April 18, 2005
Walter M. Lauder,, Environmental Engineer Specialist
Public Water Supply Section
Public Water and Subdivisions Bureau
100 Cooperative Way, Suite 105
Kalispell, Mt. 59901-2389
Re: Stillwater Bluffs Subdivision
Kalispell, Montana
This letter is to confirm that the City of Kalispell has reviewed and approved the
construction plans and specifications prepared by Schwarz Architecture and
Engineering, Inc., for the referenced project. The Kalispell sanitary sewer system has
adequate capacity to serve the project.
Please feel free to call if you have any questions.
Sincerely,
Frank Castles, P,E.
Assistant City Engineer
cc: Robert W. Stauffer, P.E.
Schwarz Architecture and Engineering, Inc.
M
November 21, 2005
Frank Castles, P.E.
City of Kalispell Public Works Department
P.O. Box 1.997
Kalispell, MT 59901-1997
Re: Stillwater Bluffs Subdivision
Dear Frank:
M.
�.
z
on
M.
We hereby certify that we have inspected the improvements to Stillwater Bluffs
Subdivision. To the best of our knowledge and belief, we have found those
improvements not included in the Subdivision Improvement Agreement to be in
substantial conformance with the approved plans and specifications.
A One Year Warranty Bond in the amount of 10% of f h e cost of the infrastructure
improvements has been submitted.
Sincerely,
SCHWARZ ARCHITECTURE & ENGINEERING, Inc.
Erik Garberg, P.E.
Cc: Project File # 1170.04
\\Saeserver\documents\'=reject Files\Heuscher, Larry\Stillwater Bluffs\Inspection\Certification Letter to Frank Castles. November21. 2005.doc
5CHWARZARCHITECTUREAND ENGINEERING, INC.
100 Financial Dr., Suite 120 - Kalispell, NIT 59901 - Tel: 406355.1333 - Fax: 406.755.1310 - www.schwarzae.carn
City of Kalispell Public Works Department
Past Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (44D6)759-7720, Fax (406)758-783 i
December 23, 2005
Mission Nordw est Development, tlC
P.O. Boor 1858
Mis=la, Montana 59806
Re. Stillwater Bluffs Subdivision
Kaliispet, Montana
Cam:
The M of Kalispell Public Wastes Dep<irtno t hereby approves the: edsting, completed improvements
eept those lei in the Subdivision improvement Agreement, Exhibit 8, for the rellerenced subdivision.
Appnval by the Crly of KatW for the City owned and maintained improvements is granted based on
the following:
1. Schwarz Architecture and Engineering, Inc., letter dater! November 21, 20D5, cerWng that the
improvements within the referenced subdivision have been inspected and installed in accordance
with the City of Kallspelf sW4ards and the approved plans and ins.
2. Our video records of the sanitary sewer system.
3. Receipt of a Subdivision Improvement fit, Exhibit B, which contains the total estimated
construction casts plus 25 percent covering the estimated costs fix the remaining constrtiction.
The Subdivision Impmnrt Agreement, Exhibit 8, should be certified by a Professional
Engineer kensed in the state of Montana, P E, to being an accurate amounting of anticipated
costs for the remaining improvements.
The one year warranty period forthe Gty owned and maintained adsting, completed improvements
caHIM= on November 21, 2005. The one year warranty period for the remaining omv&uction will
commence upon acceptance by the City of the aonipleted constructed imprumnents in accordance with
approved plans and WwAcatkxis.
If you have arty questim, please do not hesitate to contact this office.
Si ,
t
k Cast9,.kE--
Assisiant City Engineer
Gc: Tom Jedz, Planning Director
Kalispell Planning Office
MUNICIPAL FACILITIES EXCLUSION CHECKLIST
(formerly called master plan exclusion)
Enclosed please find the information required under § 76-4-127 MCA and ARM 17.36.602 regarding a
municipal facilities exclusion for this subdivision within a growth policy area or first-class or second-
class municipality (formerly referred to as master plan exclusions). Use of this checklist is only
appropriate when the municipality is providing the water and sewer main service and when the
municipality's engineering staff is reviewing the plans and specifications prior to approval:
1. Name of Subdivision: STILLWATER BLUFFS
2. Name and address of the applicant: JDH Family Inc.
P.O. Box 3243 _ Kalispell; MT 59901
3, Name and address of engineer: � —Schwarz Architecture & Engineering_
100 Financial Dr. Suite 120 Kali§pelf MT„59901
4. Copy of the preliminary or final plat: Attached X , Number of parcels in the subdivision:
32
5. A copy of any applicable zoning ordinances in effect: Yes R-3 & R-4 Zoning
6. How construction of the sewage disposal and water supply systems or extensions will be financed
(method of financing): Private
7. Certification that the subdivision is within a jurisdictional area that has adopted a growth policy
or within a first-class or second-class municipality: Yes — City ofKalis e�ll�
$. Copy of Growth Policy: On file X Attached:
9. Location of the subdivision to the city or town, vicinity map attached: Yes X No
10. Will the owner of the municipal facilities own, operate and maintain the water supply, sewage
disposal, solid waste, and storm water facilities? Yes XX No
11. Will all water and sewer mains or extensions as defined in §764-102, MCA, be under the control
and maintenance of the certifying municipality? Yes X No
12. Will an extension of the existing sewer main(s) be necessary to serve this subdivision?
Yes X No
13. Will an extension of the existing water main(s) be necessary to serve this subdivision?
Yes X No
14. Exclusion Checldist review fee, $75, included: Yes X No
15. I certify that adequate municipal facilities for the supply of water and disposal of sewage and
solid waste are available or will be provided within one (1) year after notice of certification is
issued, and, I certify that the governing body has reviewed and approved plans to ensure adequate
sto w ter f' ge. _
Name Title SS 1
l
Dept /emu $ l-t C_ LA_) 5 City A L_1J1 IJ- C L-
Send with the $75 review fee to:
MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY
SUBDIVISION REVIEW SECTION/WATER PROTECTION BUREAU
PERMITTING AND COMPLIANCE DIVISION
PO BOX 200901
HELENA MT 59620
V
City of Kalispell Public Works Department
Past Office Box 1997, Kalispell, Montana 59903-1997-'r"elephone (406)758-7720, Fax (406)758-7831
April 19, 2005
Robert W. Stauffier
Schwarz Architecture & Engineering
100 Financial drive, Suite 120
Kalispell, Montana 59901
Via fax: 755-1310
Re: Stillwater Bluffs Subdivision
In accordance with a telecon with Narda Wilson, Senior Planner, Tri City Planning, the
street cross section (City of Kalispell Design Standard Drawing No. 3) has been
approved for use on the reconstruction of Country Way South. In addi0on to the area
shown on the plans for the reconstruction of Country Way South, the reconstruction of
the street should extend north to the edge of the existing pavement on Country Way.
If you have any questions please do not hesitate to contact this off*--.
Sin Y►
Frank Castles, P.E.
Assistant City Engineer
Cc: Narda Wilson, Senior Planner, Tri City Planning
C%SV
APR
�����w���^• rye
November 10, 2005
Ms. Narda Wilson
Kalispell Planning Deportment
17 Second Street East
Kalispell, Mi 59901
Re: Country Way Sty=uih Improvements
Stillwater Bluffs Subdivision
Dear Narda:
The Flathead County Road Department approves of the improvements to Country Way
South from the north edge of Stillwater Bluffs Subdivision to the edge of the existing
pavement on Country Way,
SinceIy
Charlie Johnson, Superintendent
.Enclosures as Listed
Cc: Schwarz Architecture & Engineering
City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
November 4, 2005
Bob Stauffer
Schwarz Architecture & Engineering
100 Financial Drive
Kalispell, MT 59901
Re: Stillwater Bluffs Addresses
I have addressed the Stillwater Bluffs Subdivision. The street name parameters have been
adjusted to fit emergency services requisites. Please show these changes on the final plat.
If you have any questions I can be reached at 758-7725.
Sincerely
Fred vo
Kalispe Piuic Works
urvrr�Qsrrsr�s
'sc.s
i;. 5 '1V#E(AN RO
•-MUSPIE L, MT 59961 tl 9.998
'.July 27, 2004
Ms. Sandy Heuscher
re:P. 0. Box 3243' .
Kaiispen, MT 59-903
' ' RE: Stillwater Bluffs Subdivision
i' Deor W, Heuscher,
Y •
Ntei1 delivery has been approvedr Cluster Sox Knit (BtJ ) delivery fior. the above- .:.3.
#. •; referenced subdivision at the location indicated orl the attached plat. It must be in a
tur h-Out form' 'at. The dev616pe'r must provide two 6r-unfit BU artd pace[ .W r.
.....,—
The ci+svelcper must also provide the 92 ft. x 4 .dement pad. If you have any
gUBSt#arls regard#rig this matter, -you may contact ipe at 75"460.
Sincerely,
Pennl lIvila
carrier supervisor:
�• PLi:maa •
�''"• - - Attachment .
f. • s
01
i
of Kali��eyl
351"' Ave East — P O Box 1997 -- Kalispell MT 59903-1997
AL .
Phone: (406) 758-7718Fax: (406) 758-7719
Email: parknrec@kalispell.com
Parks and Recreation
October 17, 2005
Jeffrey M. Langan, Member
Mission Northwest Development LLC
Re: Stillwater Bluffs Subdivision Landscape Buffer, Boulevards and Park
Dear Mr. Langan:
This letter is to serve as approval on the proposed landscaping plans submitted for
Stillwater Bluffs Subdivision. It is agreed that the developers will be responsible for
bonding for landscaping improvements for this 32 lot subdivision. Landscaping to
include a 10' landscape buffer (Installed per description as submitted in letter and plan),
75 boulevard trees (40 Littleleaf Linden and 35 Northwood Maple — per bid) of a 2 4"
caliper and approximately 3000 feet of hyrdo-seeded boulevards as per the plan. The
3.77 acre private park will include a fountain/pond, a 35' x 85' putting green, 4 benches,
and other improvements and amenities as listed on the plan and legend. It was agreed
that the developers will plant the required trees to city standards. It was agreed that the
developers will plant some of the trees as the construction of buildings is completed and
trees can be given adequate care and water.
Final approval will be given upon completion, inspection and approval of the
landscaping and tree plantings, at which time bonding and/or letter of credit would be
released. It should be noted that the trees and landscaping are under a warranty period
and should they die within this time frame, the developer will be responsible for
replacement.
Thank you for your cooperation and consideration for developing a quality subdivision
project. If you have any questions or concerns, please give me a call.
Sincerely,
II
-,Sze..
Michael Baker, Director
Kalispell Parks and Recreation
Cc: Narda Wilson, Tri-City Planning RECEIVED OCT 18 2005
PJAZIL1111,41 �.
Randy Brodehl - Fire Chief
Jim, Stewart - Assistant ChiePPrevention
February 22, 2005
Schwarz Engineering, Inc,
100 Financial Drive
Suite 120
Kalispell, MT 59901
Attn: Bob Stauffer
Re: Stillwater Bluffs
Dear Mr. Stauffer,
3I2 Fist Avenue :East
Kalispell, Montana 59901
(406) 758-7760
FAX (406) 758-7952
We have reviewed the preliminary site utility plan submitted for the above -referenced project
and have the following comma.
1. Relocate new fire hydrant shown at lot line 5/6 to the northeast comer of lot 5.
2. Rebate new fire hydrant shown at lot line 1313/14A to northeast comer of lot 13A.
3. As discussed, all hydrants shall be mated between the sidewalk and curb per city
sptions,
I hope this information is helpful. Please contact me if you have questions.
Sincerely,
Jim Stewart
Prevention Chief/Fire Marshal
Kalispell Fire Department
"Assisting our conwwaty in reducing, preverning, and muttgaftg emergencies. "
if
Fontana Department of
*Akft— ENVIRONMENTALQUAUcTY
P.O. Box 200901 Helena, MT 59620-090.1.
June 9, 2005
Schwarz Architecture & Engineering
Robert W Stauffer
100 Financial Dr Suite 120
Kalispell MT 59901
Dear Mr Stauffer
Brian Schweitzer, Governor
(406) 444-2544 www.deq.mt.gov
3 100
RE: Stillwater Bluffs
Municipal Facilities Exclusion
EQ#05-2891
City of Kalispell
Flathead County
This is to certify that the information and fees received by the Department of Environmental Quality relating to
this subdivision are in compliance with 76-4-127, MCA and ARM 17.36.602. Under 76-4-125(2)(d), MCA,
this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder.
Plans and specifications must be submitted when extensions of municipal facilities for the supply of water- or
disposal of sewage are proposed 176-4-111 (3), MCA}. Construction of water or sewer extensions prior to
DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75,
Chapter 6 and Title 76, Chapter 4.
This file has been mailed to the Public Water Supply Section, Kalispell Office, for their review.
Sincerely,
X
µ
r.'
anet Skaarland
Compliance Technician
Subdivision Section
Water Protection Bureau
(406) 444-1801 — email jskaarland@state.mt.us
cc: City Engineer
County Sanitarian
file
Enforcement Division • Permitting & Compliance Division ^ Planning. Prevention & :assistance Division • Romediation Division
Environmental Health Services
1035 First Avenue West Kalispell, MT 59901
(406) 751-8130 Fax: 751-8131
Wednesday, June 22, 2005
Bob Stauffer
Schwarz Engineering
100 Financial Drive, Suite 120
Kalispell MT 59901
Administration
751-8101 FAX751-8102
Community Health Services
751-8110 FAX 751-8111
Reproductive Health Services
751-8150 FAX 751-8151
WIC Services
751-8170 FAX 751-8171
Re- Stillwater Bluffs Water & Sewer Ext., Evergreen, Prej. # EH-05-08, EQ-5-2891
Dear Bob:
The plans, specifications, certified checklist and required documents for the above referenced
project have been reviewed by this office and are satisfactory. Approval to proceed with the
project is hereby given. One set of the approved plans and specifications is enclosed.
This project includes installation of municipal water and sewer extensions and a sewage lift
station as shown on plans prepared by Schwarz Engineering and approved by this office on
6/22/05, The plans and checklist were submitted under the seal and stamp of John P. Schwarz,
PE# 11258. As discussed with you this morninbg , the lift station wet well should be fitted with a
vent as required in 42.64 of WQB-2.
Approval is given with the understanding that any deviation from the approved plans and
specifications will be submitted to the department for review and approval. Prior to commencing
use of any portion of a new public system, the owner or his engineer, shall certify by letter to the
Department that the portion of the system to be put into use was built in accordance with
approved plans and specifications. As -built drawings for the portion of the system put into use
must be provided to the Department within 90 days after the date of initial use. Within 90 days
after the entire project has been completed, the project engineer shall certify to the Department
that the project was inspected and found to be installed in accordance with the plans and
specifications approved by the Department. This certification shall be accompanied by a set of
record as built drawings of the entire project, signed by the project engineer.
it is the mission of the Flathead City -County Health Department to assure the conditions in which people can be
healthy through collaboration, promoting stewardship of our resources, and providing preventive health services to
our community.
It is further understood that construction will be completed within three years following; the date
of approval. if more than three years elapse before completing construction, plans and
specifications must be resubmitted and approved before construction begins or resumes. This
three year expiration period does not extend any compliance schedule requirements associated
with a Department enforcement action against a public water or sewage system.
Please contact this office if you have any questions.
Sincerely,
Richard T. Montgome .E.
Environmental Engin r
copies to: Water Quality Division- Kalispell
Flathead County Water & Sewer District #1, Evergreen
City of Kalispell, Dept. of Public Works
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