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Staff Report/Final Plat Willis Addition 3Tri-City Planning Office 17 Second Street East -- Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT: Final Plat Approval for Willis Addition 3 MEETING DATE; July 6, 2004 BACKGROUND: This is a four lot residential subdivision that creates three additional lots on the north side of Sunnyside Drive and crest of Ashley Creek Bridge and directly across from Denver Avenue. The property address is 945 Sunnyside Drive and contains approximately 1.624 acres. It is zoned R-4, Two Family Residential. There is currently a dwelling located on the property near the center of the site and a small detached single car garage. The existing dwelling is utilizing an on -site sewage treatment system and well.. However, when the newly created parcels are developed, the on site water and sewer systems will be abandoned and the parcels connected to City water and sewer. The property was annexed in June of 2004 and given a zoning designation of R-4, Two Family Residential. The property can be described as a portion of Lot 5, Amended Plat of Sunny Side Park located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The Tri-City Planning Office waived the preliminary plat on April 19, 2004 subject to eight conditions because it has been found that the subdivision can meet the criteria for preliminary plat approval waiver as outlined in Section 2.06 of the Kalispell Subdivision Regulations. The Kalispell City Council will need to adopt findings of fact for approval found in attached staff report KWP-04-3 concurrent with the final plat approval. The attached transmittal letter outlines the conditions of approval and a discussion of how they have been met. Essentially they are as follows: • The existing driveway has been realigned with Denver Avenue to the south and will create a single paved, shared access for all four lots. The paving of the shared access road has been bonded for in a subdivision improvements agreement with a completion date of August 1, 2004. • A note has been placed on the face of the final plat stating that Lots 1 and 2 shall be considered a single parcel for building purposes until such time as the existing garage has been removed from the site. • A note has been placed on the face of the final plat that waives protest to the creation of a special improvement district for the future upgrade of Sunnyside Drive. Providing Community Planning Assistance To: City of Kalispell - City of Whitefish • City of Columbia Falls Final Plat for Willis Addition #2 January 28, 2003 Page 2 Findings of fact for approval of the plat are found in attached staff report KWP-04-3 which review the conditions of approval and a how they have been met. RECOMMENDATION: FISCAL EFFECTS: ALTERNATIVES: Respectfully submitted -LFW4 �"'f Narda A. iron Senior Planner Approval of the final plat Would be appropriate, Potentially minor positive effects. As suggested by the city council. Report compiled: January 28, 2003 c: Theresa White, Kalispell City Clerk Chris A. Kukulski City Manager attachments: Transmittal letter and application Staff report KWP-03-2 Plats H: \REPORTS\... \KWP03-2.DOC 2 RESOLUTION NO.4908 A RESOLUTION APPROVING THE FINAL PLAT OF WILLIS ADDITION 3, DESCRIBED AS A PORTION OF LOT 5, AMENDED PLAT OF SUNNYSIDE PARK, LOCATED IN SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Debbie Willis, the owner of certain real property described above, has petitioned for approval of the final Subdivision Plat of said property, and WHEREAS, preliminary plat approval for this minor subdivision was waived on April 19, 2004, by the Tri-City Planning Office according to Section 2.06 of the Kalispell Subdivision Regulations subject to eight (8) conditions, all of which have been net, and WHEREAS, the proposed subdivision plat of said property is subject to the provisions of Section 2.06 (Preliminary Plat Process -Minor Subdivision -Preliminary Plat Waiver), Subdivision Regulations of the City of Kalispell, and WHEREAS, the Tri-City Planning Office has reviewed the proposed subdivision and made a report (KWP-04-3) to the City Council of the City of Kalispell, said report considering the criteria set forth in Section 76-3-608 MCA, and recommends final plat approval of said subdivision. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the Findings of Fact contained in Tri-City Planning Office Report #KWP-04-3 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Debbie Willis for final plat approval of Willis Addition 3 in Section 18, Flathead County, Montana, is hereby approved. SECTION III. The classification of said premises under the Kalispell Zoning Ordinance shall not be changed by the action. SECTION IV. That upon proper review and filing of the final plat of said subdivision in the office of the Flathead County Clerk and Recorder; said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS 6TH DAY OF JULY, 2004. Pamela B. Kennedy ATTEST: Mayor Theresa White City Clerk SURD"ION E"ROVEi RNT AGREEMENT THIS AGREEMENT. made and entered into this day of ' L�,Y :� ► , iU� by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY and W It � V, S Party of the Second fart and hereinafter referred to as DEVELOPS , WfMSSETH: f'� THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as ki44 t . n A 3 I=teci at ` ,�" I� n � "s � Df anti WHEREAS, the City has conditioned its approval of the final plat of l ii ( upon the conditions as set forth in the Preliminary Plat of the Subdivision being compicted and all improvements, as cited in Exhibit A' have not been completed at this time, and the Developer wishes to bond for the =nplledon of the irnprovennents set forth in Exhibt A7; and WHEREAS, the City's Subdivision Regulations regtm that a subdivider shall provide a financial security of 1250/0cif tlne estimated total cost of construction of said improve cnts as evidenced ed by an estimate prepared by a licensed public engineer included pith as Exhrbit B"; and AREAS, the estimated total cost ofconstruction of said impiovemeuts is the sure of NOW THEREFORE, in c onsadsration of the approval of the find plat of said Subdivision by the Ci)r, the Developer hereby agrees as follows: The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the KALISPELL CTIYY COUNCIL, in the arnouut cif$ � `�� ` ' �� •:.; Said Leiter of Credit or other collateral shall have an cgxrarionn date of at least sixty (60) daysollcaw�ing the date set for completion of the impravements, certifying the folloning. a. That the creditor guaranteed funds in the sum of S the es*aated cost of completing the required improvements in . ! 1 i t >r t� F b. That if the Developer fails to complete the specified improvements -,mthm the wired period, the creditor will pay to the City immediately, and withM further xiion, such funds as are necessary to finance the eompietion of those improvemetas up to the limited of edit steed in the letter, 2. That said required improvements shall be fully completed by & 3. That upon completion of the retired improvements, the Developer shall cause to be filed with the City a statement certiftmg that: a. All required imgrcnver =9s are complete; b That the improvements are in compliance with the m;�;munt standards specified tav the City for their cotnstnitction and that the Developer warrants said ; a Vrovcments ag im-[ any and all d feces for a period of one (1) -v= from rite date of acceptance of the completion of those improvements by the City; C. That the Developer knows of no defects m those improvements, d. 'That these improvements are free and clear of arm cneumbrarzees or lens: e. That a schedule of aG?uai construction costs has been tilcd with the City: and, f All applicable fees and surcharges have been paid 4. The Developer shall cause to be died with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional mp eer responsible for their preparation that to the best of his knowledge, improvements have been installed in general confomhaiice with said specifications. IT IS A LSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS. TO -WIT: - !. - tr art �. �t r- t i r;, tr t �� .� •t 1 :a r � Y That if the City €teiennines that any improvements are not constnic-ted in compliance with the specifications, it shall furnish the Developer with a list of spedfc deficie ses and may withhold coliateW sufficient to mom such compliance. If the City determines that the Developer will not construct any or all of die improvements in accordance with the speofications. or witbm the wired thme lumts, it .may withdraw the collateral and employ such finals as may be accessary to constratct the improvement or irrap m ernerds in a rice with the s =41catiolas. The a arLsed portions of the collateral shall be miurx ed to the Developer or the crediting institution, as is appropriate. IN iri NES,S WHEREOF, the Duties huve hercunto set dheir hands and seals the slay and year herm before written. (Name of subdivisioxi/DeueLaprtFirrn) 13V 0-� (Title) The subdivider shalll warrant the design, construction materials and workmaxxsbip of the improvements against any failure or defect in design, constructiom material or woriimaaship which is discovered no more than one (1) year from the date of acceptance STATE OF MONTANA, COUNTY OF FLATHEAD On dais , 9 _day of O - before me, a Notary Pubhc for the State ofMontana, persoaially a known to one tsa be the CW.V�ape r , whose name is subscribed to the foregoing instrument nt and acknowledged to me that he e=uted the saiAie. IN Wrr.NESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal this day and year first above written. Notary Public for the Start✓ of Montana My Comnussion MAYOR, CITY OF KALDSP .i . By: NfAYCR J�01A' AT'IrEST: THERSEA VV=I CITY CLERK Tri-C#y Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 June 29, 2004 Phone: (406) 751-1850 Fax: (406) 751-1858 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 RE: Final Plat Approval for Willis Addition 3 Dear Chris: Our office has received an application from Debbie Willis for a four lot residential subdivision that creates three additional lots on the north side of Sunnyside Drive and west of Ashley Creek Bridge and directly across from Denver Avenue. The property address is 945 Sunnyside Drive and contains approximately 1.624 acres. It is zoned R-4, Two Family Residential. There is currently a dwelling located on the property near the center of the site and a small detached single car garage. The existing dwelling is utilizing an on -site sewage treatment system and well. However, when the newly created parcels are developed, the on site water and sewer systems will be abandoned and the parcels connected to City water and sewer. The property was annexed in June of 2004 and given a zoning designation of R-4, Two Family Residential. The property can be described as a portion of Lot 5, Amended Plat of Sunny Side Parr located in Section 18, Township 28 North, Range 21 West, P.M.M,, Flathead County, Montana. Our office waived the preliminary plat on April 19, 2004 subject to eight conditions because it has been found that the subdivision can meet the criteria for preliminary plat approval waiver as outlined in Section 2.06 of the Kalispell Subdivision Regulations. Specifically, it can be found that the following conditions exist: 1. The plat contains five or fewer lots. 2. There is no public dedication of streets or public or private parkland. 3. All lots have legal and physical access conforming to the subdivision regulations. 4. Each lot has a suitable building site and there are no environmental hazards present. 5. Public sewer and water are adequate and in place. 6. The subdivision complies with the subdivision regulations and current zoning regulations. Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls Final Plat for Willis Addition 3 June 29, 2004 Page 2 7. No significant effects are anticipated on agriculture and agricultural water user facilities, local services, the natural environment, wildlife and wildlife habitat and the public health and safety. The Kalispell City Council will need to adopt findings of fact for approval found in attached staff report. KWP-04-3 concurrent with the final plat approval. The following is a list of the conditions of approval and a discussion of how they have been met. COMPLIANCE WITH CONDITIONS OF APPROVAL Condition No. 1. That the final plat is in substantial compliance with the preliminary plat that was waived. • This condition has been met. The lots in the subdivision comply with the preliminary plat that was waived. Condition No. 2. That an approach permit be obtained from. the Flathead County Road Department for shared access from the existing driveway and needed improvements required by that department be made prior to final plat submittal. • This condition has been adequately addressed. The existing driveway has been realigned with Deaver Avenue to the south and will create a single paved, shared access for all four lots. The paving of the shared access road has been bonded for in a subdivision improvements agreement with a completion date of August 1, 2004. Condition No. 3. That a note be placed on the face of the final plat stating that Lots 1 and 2 shall be considered a single parcel for building purposes until such time as the existing garage has been removed from the site. • This condition has been met. A note has been placed on the final plat and will be recorded to notice future property owners of this condition. Condition No. 4. That a note be placed on the face of the final plat that waives protest to the creation of a special improvement district for the future upgrade of Sunny-side Drive. • This condition has been met. The required note has been placed on the face of the final plat and will be recorded to notice future property owners of this condition. Condition No. S. That all lots have a minimum of 50 feet of frontage along Sunnyside Drive to comply with the proposed City R-4 zoning designation upon annexation to the city of Kalispell. • This condition has been met. All of the lots comply with the dimensional requirements of the R-4 zoning district. 2 Final Plat for Willis Addition 3 June 29, 2004 Page 3 Condition No. 6. That the lots within the subdivision be connected to City of Kalispell water and sewer at the time of development and a certificate of subdivision approval be obtained from the Montana Department of Environmental Quality for water and sewer services. r This condition has been met. A letter from. MDEQ for a municipal facilities exemption has been submitted with the final plat application.. Condition, No. 7. That a note be placed on the face of the final plat that indicates the location of the 100 year fioodplain. • This condition has been met. The 100 year floodplain has been shown on the final plat. Condition No. S. This waiver of preliminary plat approval is valid for three years and shall expire on. April 19, 2007. • This condition has been met. The final plat was submitted prior to expiration of the waiver. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was reviewed and approved. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in substantial compliance with the State and City Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision has been found to be in compliance with the Kalispell Zoning Ordinance and the R-4, Two Family Residential zoning designation assigned to the property. RECOMMENDATION: All of the conditions of preliminary plat approval have been adequately addressed. The staff recommends that the Kalispell City Council adopt the attached staff report KWP-04-3 as findings of fact and approve the final plat for Willis Addition 3. Please schedule this matter for the next regular city council of July 6, 2004. You may call me at (406) 751-1852 if you have any questions regarding this subdivision. final Plat for Willis Addition 3 June 29, 2004 Page 4 Sincerely, Narda A. Wilson, A1CP Senior Planner NW/ Attachments: 1 opaque mylar 1 reproducible mylar 1 paper copy Staff Report KWP-04-3 Final plat application dated 6/ 10/04 Letter from TCPO for pre plat waiver dated 4 / 19 / 04 and 4 / 22 / 04 DEQ approval #E.Q. #04-2442 dated 4/8/04 Fire marshal approval of access dated 5/25/04 Treasurers certification dated 5 / 7 / 04 Title Report from Sterling Title dated 3 / 29 / 04 Consent to plat from. Whitefish Credit Union dated 6/9/04 Subdivision Improvements Agreement Letter of Credit dated 9/9/04 Location Map Map showing location of lots C: Debbie Willis, 800 Marco Bay Rd., Somers 59932 Sands Surveying, 2 Village Loop, Kalispell, MT 59901 Theresa White, Kalispell City Clerk REPORTS\ KALISPELL\ 04 \KW P4_4LTR.DOC WILLIS ADDITION 3 TRI-CITY PLANNING OFFICE STAFF REPORT KWP-04-3 REVIEW AND FINDINGS OF FACT JUNE 30, 2004 A report to the Kalispell City Council for findings of fact for a four lot residential subdivision. Preliminary plat approval for this minor subdivision was waived on April 19, 2004 subject to several conditions. BACKGROUND: This is a four lot residential subdivision that will create three; additional parcels on property that is occupied by an existing residence. A. Applicant: Debbie Willis 800 Marco Bay Rd. Somers, MT 59932 (406) 2505708 Technical Assistance: Sands Surveying 2 Village Loop Kalispell, MT 59901 (406) 755-6480 E. Location: The property is located on the north side of Sunnyside Drive and west of Ashley Creek Bridge directly north of Denver Avenue. The property address is 945 Sunnyside Drive. The parcels contain approximately 1.624 acres and can be described as a portion of Lot 5 of the Amended Plat of Sunny Side Park Subdivision in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C. Size: Total area: 1.624 acre Lot 1: 0.408 acre (17,772 square feet) Lot 2: 0.499 acre (21,736 square feet) Lot 3: 0.315 acre (13,721 square feet) Lot 4: 0.402 acre (17,511 square feet) D. Existing and Adjacent Land. Uses: There is a single family dwelling located near the center of the lot and a small single car detached garage that will need to be removed. The property is bordered by Ashley Creek to the east and northeast and single family homes to the north and west and a two unit townhouse and single family home to the south. E. Zoning: The property was zoned R-4, Two Family Residential when it was annexed in June of 2004. This district allows single farnily dwellings and duplex dwellings as a permitted use. The minimum lot size requirement in the R-4 district is 6,000 square feet and a minimum lot width of 50 feet. F. Relation. to Master Plate. Map: The property is designated as Urban Residential on the Kalispell Growth Policy 2020. The R-4 zoning and the density and lots in the subdivision comply with this land use designation. G. Utilities: Water and Sewer: Electricity: Telephone: Gas: School: Police: Fire Protection: City of Kalispell Flathead Electric Coop CenturyTel Northwest Energy School District #5, Kalispell City of Kalispell City of Kalispell REVIEW AND FINDINGS OF FACT This application is reviewed as a minor subdivision in accordance with statutory criteria and the Kalispell Subdivision Regulations. A. Effects on Health and Safety: Fire: The area is anticipated to be at low risk from wildfire due to the urban location, lack of woody fuel and good access to the site. The proposed subdivision is not expected to significantly impact the service provided by the district. A fire hydrant is to the west of this property at the intersection of Sunnyside Drive and Denver Avenue. Vegetation and topography: The property is relatively flat and has historically been used for residential purposes. B. Effects on Wildlife and Wildlife Habitat: The subdivision is not mapped big game habitat winter range and does not provide habitat to significant wildlife other than some birds and small animals with occasional deer in the area. C. Effects on the Natural Environment: The subdivision will be served by City of Kalispell water and sewer mininuizig impacts to groundwater. Ashley Creek lies to the east of this property and portions of the I00 year floodplain. The floodplain has been delineated on the plat. No significant impacts can be anticipated as a result of this subdivision. Any impacts on the natural environment related to this subdivision will be insignificant. D. Effects on Local Services: Sewer and Water: The City of Kalispell will pro- ode water and sewer sen7ice to the existing dwelling once the other lots in this subdivision are proposed for development. Four additional connections to the City system is anticipated. No significant impacts are anticipated to the City with regard to water and sewer services as a result of the creation this subdivision. Roads: Access to the site is provided directly from. Sunnyside Drive and will be shared between the four lots. The existing driveway is being relocated to align with Denver Avenue. The Flathead County Road Department has approved the driveway location.. A small frontage road will be developed and paved at the location indicated on the plat so that there will be a single access onto Sunnyside Drive. A note has been placed on the face of the final plat waiving protest to upgrading of Sunnyside Drive to City standards as provided for in the Kalispell Subdivision Regulations. Schools: This property is within the boundaries of School District #5, Kalispell. This subdivision is anticipated to create potentially two additional school -age children for this district. Parks: Parkland dedication is not required for minor subdivisions Police Protection: The property is served by the Kalispell Police Department. it is not anticipated that this subdivision will significantly impact the service provided by the police department. Fire Protection: The property is within the service district of the Kalispell fire Department. The subdivision -will not create additional impacts to fire service. Refuse Disposal: Refuse disposal will be provided by the City of Kalispell. The proposed subdivision is not expected to impact the landfill. Medical Services: Emergency medical service is provided by the Kalispell Regional Hospital; Ambulance and Life Flight services are also available. E. Effects on Agriculture: This subdivision is on the urban fringes of Kalispell and the area has been developed to the east to an urban density. The area to the wrest will be developed with an urban density subdivision. This property has been used for residential purposes in the past and is not large enough to be used for agricultural purpose. This subdivision will not have effect on agricultural activities in the Malley. F. Compliance with the Kalispell. Subdivision Regulations This subdivision complies with the Kalispell Subdivision Regulations. Preliminary plat was waived because it meets the waiver criteria provided for under Section 2.06 of the regulations which include the following: (1) the plat contains five or fewer lots, (2) there is no public dedication of streets or public or private parkland, (3) all lots have legal and physical access conforining to these regulations, (4) each lot has a suitable building site and there are no environmental hazards present, (5) municipal water and sewer are adequate and in place, (6) the subdivision complies with these regulations and zoning regulations, (7) there is no significant effects anticipated on agriculture and agricultural ;eater user facilities, local services, the natural environmental wildlife and wildlife habitat and the public health and safety. This subdivision is in substantial compliance with the Kalispell Subdivision Regulations. G. Compliance with the Kalispell Zoning Ordinance: This subdivision exceeds the minimum lot size and lot width requirements of the R-4 zoning district and the existing dwelling exceeds the setbacks requirements as well. The subdi'V sion complies with the zoning for the property. RECOMMENDATION Staff recommends that the Kalispell City Council adopt Staff Report KWP-04-3 as findings -of -fact for the proposed subdivision and approve the final plat. RFPCR'rS1.2003\KALSP LL\KWP03-2 4 Tri-City Planning Office 17 Second St East, Suite 211 Kaiapen, MT 59901 Phone: (406) 751-1850 Fax: (406( 751-1 S58 FINAL PLAT APPLICATION Project /Subdivision. Name: J1 i �rv� Contact Person: Name:ii a Address: a 1+? Phone No.: S - s 7-C Date of Preliminary Plat A turner & Mailing Address: Type of Subdivision: Residential Industrial Commercial PUD _Other No. of Lots Proposed Parkland (acres) Land in Project (ac.) Cash -in -Lieu $ Exempt PILLING FEE ATTACHED $ Minor Subdivision with approved preliminary plat $400 + $40/lot Major Subdivision with approved preliminary plat $650 + $40/lot Subdivisions with Waiver of Preliminary Plat $600 + $40/lot Subdivision Improvements Agreement $ 50 Attached Not Applicable (PAUST CEMCK ONE1 Health Department Certification (Original) Title Report (Original, not more than 90 days old) _ Tax Certification (Property taxes must be paid) ,.,,.,.., Consent(s) to Plat (Originals and. notarized) mm Subdivision Improvements Agreement (Attach collateral) _� Parkland Cash -in -Lieu (Check attached) W -- _ Maintenance Agreement Plata: t opaque OR 2 mylars 1 rnylar copy 1 signed blueline 4 bluelines 4 bluelines,srrsrd **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 Feet. 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, "ail 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. s Signature Date **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 S. 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 Tri--City Planning Office 17 Second Street East - Suite 211 KalispeH, Montana 59901 April 19, 2004 Debbie R_ Willis 400 Marco Bay Road Somers, MT 59932 Phone: (406) 751-1850 Fax: (406) 751-1858 tricityCxcenturytel.net Re: Waiver of Preliminary Plat Approval - 945 Sunnyside Drive, Kalispell Dear Debbie: This letter is in response to your request for waiver of preliminary plat approval for a three lot subdivision on the north side of Sunnyside Drive, crest of Ashley Creep addressed as 945 Sunnyside Drive. There is an existing single family home that will be retained on proposed Lot 2 anda garage that straddles the property boundaries of proposed Lots 1 and 2 that will be required to be removed. The property can be described as Tract A in Lot 5 of Sunnyside Park in Section 18, Township 28 North, Range 21 West, Flathead County, Montana. Our office can find that the proposed subdivision meets the preliminary plat waiver criteria as provided for under the Kalispell Subdivision Regulations. Specifically it meets the following criteria. (1) the subdivision contains five or fewer lots, (2) there is no dedication of streets or public or private parkland, (3) that the lots have legal and physical access conforIni.ng to the subdivision regulations, (4) each lot has a suitable building site and there are no environmental hazards preset; (5) municipal sewer and water are adequate and in place; (6) that the subdivision complies with the subdivision and current zoning regulations, and (7) that there will be no significant impact on agriculture, agricultural water users, local services or the natural environment. Due to the relatively minor impacts that this subdivision poses, this office grants preliminary plat approval subject to the following conditions: 1. That the final plat is in substantial compliance with the preliminary plat that was waived. 2. That an approach permit be obtained from the Flathead County Road Department for shared access from the existing driveway and any needed i provemen is required by that deparment be made prior to final plat submittal. 3. That a note be placed on the face of the final plat stating that Lots 1 and 2 shall be considered a single parcel for building purposes until such time as the existing garage has been _ emoved from � b e site. 4. That a note be niaced on the face of the final plat that waives protest to the creation of a special imorovernent district for --he future upgrade of Sunnyside Sri -Ire. Providing Community Planning Assistance To: City of Columbia To ails - City of a-Calispell. - City of Whitefish Waiver of Preliminary Plat Debbie Willis April 19, 2004 Page 2 5. That all of the lots have a minimum of 50 feet of frontage along Sunnyside Drive to comply with the proposed City R-4 zoning designation upon annexation to the city of Kalispell. 6. That the lots within the subdivision be connected to City of Kalispell water and sewer at the time of development and a certificate of subdivision approval be obtained from the Montana Department of Environmental Quality for water and sewer services. 7, This waiver of prelirni nary plat approval is valid for three years and will empire on April 19, 2007. Waiver of preliminary plat approval does not constitute approval of the subdivision. Please note that prior to final plat approval, all requirements must be met per Chapters 2 and 3 of the Kalispell Subdivision Regulations. If you have any questions regarding this matter, please call Narda Wilson, Senior Planner, at this office. Sincerely, Thomas R. Jentz Planning Director cc: Sands SQrveying, 2. Village Loop, Kalispell, MT 59901 Richard and Patricia RUey, 86 Hawthorne West, Kalispell, MT 59901 TJ/NW LEi I'ERS`WAIVEPP\o4\%VTLLIS2.DOC T - City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 April 22, 2004 Debbie R. Willis 400 Marco Bay Road Somers, IVIT 59932 Phone: (406) 751-1850 Pax: (406) 751-1858 tricity centurytel.net Re: Waiver of Preliminary Plat Approval - 945 Sunnyside Drive, Kalispell Dear Debbie: This letter is a fallow -up to the letter waiving preliminary plat approval for the above referenced property described as Tract A in Lot 5 of Sunnyside Park in Section 18, Township 28 North, Range 21 West, Flathead County, Montaria. An additional note should be placed on the final place that indicates the location of the 100 vear floodplain_ Please call me if you have any questions regarding this matter. Waiver of preliminary plat approval, does not constitute approval of the subdivision. Please note that prior to final plat approval, 0 requirements must be met per Chapters 2 and 3 of the Kalispell Subdivision Regulations. If you have any questions regarding this matter, please call Narda Wilson, Senior Planner, at this office. Sincerely, Thomas R. Jentz Planning Director cc: Sands Surveying, 2 Village Loop, Kalispell, MT 5990! Richard and Patricia Riley, 86 Hawthorne Nest, Kalispell, MT 59-001 TJ /NW L-"I°I RS :IV AIVEP ".04 \ WILLI53. DOC Providing Community Planning Assistance To: l.ty of Columbia ?ails s City of Xaiispell of Whitefish Montana Department of IV X-ANVMONM=AL QUAI= .lady Martz, Governor P.O. Box 200901 - ]Helena, MT 59620-0901 • (406) 444-2544 - www.deq.state.mt.us April S, 2004 Debbie Willis 400 Marco Bay Rd Somers MT 59932 Dear Ms Willis: RE: Willis Addition No 3 Municipal Facilities Exclusion EQ#04-2442 City of Kalispell Flathead County This is to certify that the information and fees received bythe Department of Environmental Quality relating to this subdivision are in compliance with 76-4-127, MCA. tinder 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, Janet Skaarland 1-1 Compliance Technician Subdivision Section Water Protection Bureau (406) 444-18U1 — email jskaarland@state.mt.us cc: City Engineer County Sanitarian file Cenaraiized Services i)ivisloy! ° Ensarcemeni :Division - Purn [zing & Comniiance Division ^ Planning, Prevention & Assistance Division . Remediation Division Randy Brodehl -.Fire Chief Jim Stewart - Assistant Chief/Prevention Dee McCloskey — Assistant Chief/Operations May 25, 2004 Debbie R. Willis 400 Marco Say Road Somers, MT 59932 Re: Willis Addition No. 3 Dear Debbie, 312 First Avenue East Kalispell, Montana 59901 (406) 758-7760 FAX. (406) 758-7952 As a follow-up to our recent meeting on -site regarding the above -referenced project we have the following information. Your proposed 4-lot subdivision appears to meet the design requirements of the Uniform Fire Code and the Kalispell Fire Department, based upon the following: It is our understanding that access to the 4 individual lots will be provided by an access roadway with an all-weather surface. The minimum width for the fire department access shall be 20', with a minimum clear height of 13'6". It does not appear that an emergency vehicle turnaround is required, based upon the discussion that the fire department access road is less than 150' in length. It was noted that an existing fire hydrant is provided at the intersection of Sunnyside and Denver. This hydrant appears to be adequately located to meet the minimum travel distance to your 4-lot subdivision. Fire flows in this area appear adequate to meet residential development. 1 hope this information is useful. please contact me if you have any questions. Sincerely, Jim Stewart Assistant Fire Chief/Fire Marshal Kalispell Fire Department cc: Narda Wilscn, Tri-City Planning Office "_: 'ssisaing our cammranzii� zn reclucin nrerenting, and mitigating Amer 7encies. " 300 Baker Avenue , 862-3525 234 E. Montana 5t. a 257-3123 Whitefish Kaiispeil 202 Dewey Avenue w 297-7800 Eureka 320 Nucleus Avenue • 692-8000 110 Third Ave. East • 883-3600 Columbia Fails Poison P.O. BOX 3 WHITEFISH, MONTANA 59 37-0037 June 9, 2004 City of Kalispell P.O. Sox 1997 Kalispell, MT 59903 RE: irrevocable Letter of Credit #122LC Expiration Date: October 1, 2004 Dear Sirs: We hereby establish our Irrevocable Letter of Credit #122LC in favor of the City of Kalispell for the account of Deborah Willis, 400 Marco Say lid, Somers, MT. in the amount of Thirteen Thousand Five Hundred Sixty Five dollars and No Cents, ($13,565.00). You may draw hereunder by means of a sight draft accompanied by the following written certification: 1) The original of the Irrevocable Letter of Credit and any subsequent amendments. 2) A signed statement by an authorized official of the City of Kalispell stating as follows: "Claims have been submitted to Deborah Willis for payment and which remain unpaid by same, and fun represented by the attached drafts are required in full by the City of Kalispell." Drafts drawn in Conformity with this Letter of Credit will be honored by the Whitefish Cre :it Union if presented at our Whitefish, NIT Office on or before October 1, 2004. '"leis Irrevocable Letter of Credit excepts so far as otherwise expressly stated, is subject to the Uniform Customs and Practices for Documentary Credits (1993 Revision) International Chamber of Commerce Publication Brochure #400, and any subsequent revisions thereto. Sincerely, 3 $ Doug Johri�n Corr mere al Loan Officer Jun 07 04 00:44p J 400-044-3136 P.1 LOST LAKE EXCAVATING & GRAE P.O. 8CX730 Estimate LAKESIDE, MT 599.12 Number: E123 824-3731 OR 253 2095 oate: June 07, 2004 Bill To. Ship To- DEBBIE WILLIS 5u -3708 .4100 MARCO SAY Rid FAX 857 1151 SOMERS, MT 599-22 PO Number Terms Project DUE ON COMPLETION Date Description HOURS?UNITS Rate Amount 6-0 -20C4 THIS QUOTE IS FOR CONSTRUC i I NO A DRIVEWAY THAT WILL SERVICE 4 LOTS, THE ENTRANCE IS OFF OF SUNNYSIDE ,j DRIVE AND DENVER STS. THE SCOPE OF I1%10RK IS REMOVING A SECTJCN 1.5 FEET THICK BY 20 FEET WIDE; BY ,'APPROXIMATELY 166 ULONG TO BE REPLACED BY 8" OF 314" CRUSHED BASE UPON '112" OF 3" MINUS SUBBASE COMPACTED AND GRADED TO FORM APPROXIMATELY 124 CUBIC YARCS! OF MATE`iIAL WILL BE EXCAVATED AND REMOVED FROM THE SITE. I EXCAVATE MATERIAL ANC:, 1.39 I O 14.00 1: -1.914.00 1, REMOVE FROM SITE. LUMP SUM PLACE .314" ROADSASE UPON 3" MINUS SUBBASE COMPACT AND !GRADE. LUMP SUM. MOBILIZATION OF EQUIPMENT i'00 !i 420.00 420.00 Total $5,449.00:. Please sign, keep top copy, and return voples 2 & 3 :o us. Thank you. PRCM-SN'.. >i,2Fa...l..r.N Pi Property d CIi4'. PXA—F Z; P +"=E o=ners. MT 59932 J r . herr,lr R{iiirrl,t sn nrhrafin'ta Ac F Page No. cr PCgos 'R. LACMRPAVING, M. P.O. Bax 9222 (406) 257-8183 FAX: 257-8185 Fax: 857-3151 06 /03, 2004 NANG N94 .S> ivsitar jcr c 7iJn+ all��J� I Gl cfer Paving n .WM'sUP' Ply fir' of " c.z-ushtd'ro'cl. stir app' k) ' x. - ..... .... ... . _ laci r Paving, tiv-xlt 5aapplly " of ;hot f6r 3.,600 s. i'. r, ' I! _ `P1O CREDIT SEYt3hiO .15 f3AY*a-_._ .. ........... .. .. .,..,.. ....... __. ._... ...., .... ... _ ......,... _. .... _ ... ..._ ....,... _ . l '' it P� m r. is"trot"mad'e`a� ag!'gesd cpen; a latri p.4myMent rnarge of YM per Mi% (38% derarintim) will_tse �,Matged; in Nddimm td,Ii contract Sum, tarnmeneing 15 days after the invcics cats, and all attorney's Esas incurred to callect said sums and charges will he paid bv the euttotteor. We i'S4 $f351! herahy lei furnish matcrlai and lahor —W nomp;ela in accorckarice t,vh..h anove speci`tcat:ons, ,or 1L:mr )f: Five ihousand four hundred & ,no�a��t3_ t��ii, (,$ 5,= 00M Pa-ymen=. in bx� made as follows: 1= + .n ntael to to ',s spa lar d, All - !, to he, cr oiAx i -. a _nrk ent ,e mRrinPr ax[Cnt'31R fn OP, nrAnlj ,3 rn �, _ati ita rrn+� s rc e ,r r-f .-.ns= Atli On2SQ ' =mlvk#rq extra .,oat. rrmR b@ exeeuwd m ize^ orders, a.,tt -,,Al �ecamc an extea b�gr:aTurn .✓ .'. :21!roe user ane a, ,Dve te-bt11'- f aciay. Fe}rc n ar tr to Carry E M cr Ot'te+ +,Ct..=Lrl, t..numn__. crvere, i�; be f, s 2 r uta$ir of 8 mmm and Ste. 0alu'a t3 =3, the wur?r at nc;ecaF� c=. Paylnr ,a'I wlii- 5 �-asc y .'�.C'��•Y3iCn: zSEL��tiiill Pis _—_.—�_ _—.__... .a To rder-. Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions & Condominiums Only BY: FOR: €�) ©ATE IC"� DESCP: PURPOSE �'q � c YEARS ASSESSOR # Ja- 1-9,9TTHRU ____-______ ka-reOT f 31�' oo 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. --�` 3e-�'y Treasurer (seal) I AL ll�- $ , � A M E pv 1, IC ,3 y v -Y Vdida'dinq Siaiatori �j Form W 1282 (Rev. 12115195) FILE NO.: CT-80485 CT--80485 FEE: $ 2 . 00 H-358853 SUBDIVISION OR PROPOSED SUBDIVISION: Willis Addition No. 3 S' BjECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND CT -ER PtOVISiONS OF THE CONDICIONS AAD STIPULATIONS HERETO O PANEKED ID MA.µ- ._ ?.ART OF _AIS GUARANTEE, ,FIRST .ERICAN TITLE INSURANCE COMPANY, Y CORPORATION, HEREIN CALLED THE COMPANY GJARAti M'EES . Deborah Willis FOR THE PURPOSE OF AIDING !TS COMPLIANCE WITH FLATHEAD COUNTY SuRDIVTS10 REGULATIONS, !N A SUM NOT EXCEED NC 55, 000.00, THAT according :o those public records which, under the recording laws cf the Stare of Fontana, impart constructive notice of matters affecting the tiole no the lands described as follows: A tract of land., situated, lying, and being in the Southeast. Quarter of the Southwest Quarter of Section 18, Township 28 North, Range 21 West, ?,M.M , Flathead County, Montana, and more particularly described as follows to wit: Commencing at the Southwest corner of the Southeast Quarter of the Southwest Quarter of Section 13, Township 28 North, Range 21 West, P.M.M , Flathead Counter, Montana, which is on the Southerly R/W of a 40 foot county road known as Sunnyside Drive; thence wrong said R/W North 88'11'18" East 376.11 feet; thence leaving said R/ North 01'48'42" Guest 40.00 feet to a set iron pin on the Northerly R/W of said road and the True Point of Beginning of the tract of lard here0 described; thence North 04'06'06" Guest 229.84 feet to a found iron pin.; thence North 84'20'54" Last 173.16 feet to the approximate tread of Ashley Creek; thence along said thread the following eleven (11) courses: South 40 4991" East 8.78 feet; South 45'12'33" East 28.09 feet; South 62"34126" East 72.25 feet; South 69'47110" East 39.38 feet; South 63'02124" East 33.20 feet; South 51'22'34" East 12.03 feet; South 61'32102" East 35.57 feet; South 57'10113" mast 50.49 feet; South: 46 E 4' 36 " East 31.63 feet; South 28*06,05" East 29.6: feet; So zh 06 08150' 'pest 20.46 feet to the Northerly R/W or said road; `hence leaving said thread and along said Northerly R/W Continued... FILE NO.: CT-80435 Pace 2 of 3 358858 z'o-t= 74'20" 2" West 155.12 feet to a set iron pin.; thence South a8'27'18° West 1-_0.50 feet to a set _ran pio_, thence south 88'11'18" Tn7est 198.00 feet to the Point of Beginning. TO SE KJO IN AS : LEI__-�.s Addition No. 3 (1) �crt_ec ._u Ci rcCQr^ title ntereSt in said crC15 w?OSE' Si nd Ur?S are n.ecess ___ cr e -_—1remenvs of Flathlead Cc unry Suhdivislon Reglllations on the certificates consenting to the recordation of Mats and offering for ded.:c --io'., anv streets, rods, avenues and ot-er easements offered, for dedication by said Plat are: Deborah Willis, as record Owre_ Whitefish Credit L.' ._on, as beneficiary (2} Part41es hc. d'znu ! J e:'_s cr encu ibranceS Uri the t,' 1e to said lams are: _ 1. General and special county taxes for the year 2004, a lien not yec payahie. NOTE: Genera' and s-pe C41a7l county taxes for the gear 2005 and a"' prior years have been raid in full. 2. Trust Indenture dated March 25, 2004, to secure an indebtedness in the �rinc�_pa1 su.� of AMOT=I $173, 000.00, and any other amounts and/or obiigat_ons secure: t ereby. RECORDED : March 29, 2004, as Doc. No. 2004-029--I5080, records of Flathead County, Montana. GRANTOR Deborah R. Willis, aka Deborah Willis and Delia Young TRUSTEE : Citizens Title & Escrow BENEFTCIAAY: Whitefish Credit Union AFFECTS : Premises and other property 3. Assignment of leases and rents executed by and between Deborah R. W-Mis, aka Deborah-vL!!is and Whitefish Credit Union, recorded March 29, 2004, as Doc. No. 2004--089-15090, records of Flathead County, Montana. Ccntin ued.. . -FILE NO.: CT-80 8 ?ace 3 of 3 (a) asements, clail_ms of easements and restrictlol'_ agreement of record ar . 1. i".o,=—v -road rights-cf-way not recorded and inde_{e7 as a convev ace _ the ofr �ce cf the Clerk and Reccrr`er pursuant to tit e ?0, crap ter 21, M.C.... 2. ^eras and cond',.'ons and Grant of Ease -me t as contained in tha_ certi-__ Agreement by and between John r . Farr 4. S, et ux p t � ti _ the fir , par-, and Henr_a Hoffman, et ux, parties or the seco"_d par , re __f J u 1 9, 51' Book =20, Page _502, records of Fla_'-e d County, Montana. 3. e_ ms and ccn iions and Grant of Easement as contained in t_^_at cer _a� T'_ aQr .' m'4-'nY by a d between C:'--S-4an Nomme son, et a_, pa'_"'i_es Cl'. the first -,art, and Mary E_ Beaulau'"ier, pary of the second par-­ -Cu e eJ C L e_ 26, 1935 in Bock 22=, Page 329, records of _-atnead Coun 1, Montana. 4. Any claim arising from the difference in the mean low water line of the Ashley Creek and the meander line as shn�m by the Jrigznal Government Survey. R ght, title and Interest of the State of Montana w=thin the bed of kAe Ashley Creek below the low water iire, arid, also excepting accre-ions water -ward on said line. 5. Public right and, easements for commerce, recreation, :naviaation and __� sherry. . r Tate road and L t 1 y easement as disci cseu' or. the pending P_a.. of Will -is Ad :ition j 3. S. The above described property is located within and sub ec- to the jurisdiction of the Smith Valley Fire Distrip . DATED: March 29, 2004, at 3:09 P.M. Subscribed and sworn to before me this �s""VO Wit", h T. W, GracH _=tFl�C} AfifAL3 NOTARY i'11i3t.tC-MMANA = SEAL RMM9 at KaJia K MotN a i �<oCar'v P,.;.n+ 4 C �for �SLare O.�»?.C.?n7G?1a THE END CONSENT TO PLATTING Pursuant to Section 76-3-612, MCA 1979, the undersigned, is ' 6-ti J o 6kw� hereby consents to the Platting of a tract of land to be known and named as they"_j& 'i ! ; c ;t rye a " thereof attached. IN 'WITNESS WHEREOF, said party has caused their name to be subscribed hereto on this _ day of ,�y,, - , 20 ` STATE OF MONTANA ) SS COUNTY OF FLATHEAD ) On this t day of 200 Lf before me a Notary Public for the State of Montana, personally appeared whose name is subscribed to the foregoing instrument and acknowledged to me that they executed the same. RL y , C Not _ blic for the State of Mona �Q-,q,�f�'. Residing at: S My Commission Expires: 0 /c, o TOTAL AREA. 1.624 AC- q�� a� 4 5� y 40711 R40@ AC. a A PORMV OF LOT 4 -ZFWY S&F J9W & ft SE14SW4 SEC A% T.C'ft R2faV A" fLA7W—AD COy AICS9111fAS! LOT 2�\ 0.499 AC-0 a440 AGr MET A\ LOr Jr Ales AGt rL°'T � q f LANE aca 8§ SUKUYSIDE DRIVE w.,ingc. sm�r ScC. 13 ��wa �� A6.MOaGaas3 ' =K can nvnwv+z. ;SU®fJIVISiflN No. Zf51 � na tG05 1g92a1 '�l • � t. 4 iol A< a � ria a M. mPcom r9•am ! alpa roF ¢Iww Mw1. O 7MAL AREA: L624 AQ a?W4 Am PLAT 6F W/LLIS ADDITION No. 3 AN AIllIM M-0 OF A Pa97XW Or LOT 4 SGWT SATE MW * Off "4d1 W dM 14 uft RaK L" RAMAD CA AMAW xeaar err \\ mLori 1 ti 4� a4M Aa ® LOT P qAQt LOT 3 1 - O.JZ AL~` acre �cr eer S aJ v Mm � . i 18€ li $ipH1Y71�L ��� sec, ie YW ,_ea rrw�r• {g�gpNiSlON No. 9Sf i� {COS i29E4Y , LOT 4 0.402 AGr eres,�e rrr � 1 RX NNW wmm�i ; $free% � Ors i 8J1P6lr!