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
P.EPORT 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 Surmyside 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 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 I 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:
Citv of Kalispell - City of Whitefish - Citv 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. il6ri
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 met,
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:
SECTI 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 11. That the application of Debbie Willis for final plat approval of Willis
Addition 3 in Section 18, Flathead County, Montana, is hereby approved.
SECTION II . The classification of said premises under the Kalispell Zoning Ordinance
shall not be changed by the action.
SECTIO 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
SUBD"ION E"ROVEARNT AGREEMENT
TUIS AGREEMENT. made and entered into tins - day of -20 64
, by and between the CrrY
COUNCIL, CITY OF KALISPELL, MONTANA, Pany of the First Part and hereinafter referred to as the CITY and
W It � V, S Party of the Swond Part and hercinafter
referred to as DEVELOPEP,
WfMSSETH:
THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as
ki44�n (A -43 I=tW a Df-a.nd�
WHEREAS, ft city has conditioned its apprmal of the final plat of
wii(15 �� t a _ _ , Von the conditions as set forth in the Preliminary Plat of the Subdivision
beizig compicted and all miprovements, as cited in 'Exhibit X' have not: beert coinpleted at this; time, and the Developer wishes to
bond for the =nplefion of those finprovetneniss set faffli in -Exhibt A7; and
WHEREAS, the City's Subdivision Regulations rcqtm that a subdivider shall provide a fitiancial security of 1250/0 of ft
estimated total cost of constnuton. of said in4rovenxnts as evidenced by an estimate prqxtrcd by a licensed public engmeer
included her;ewith as �F-dubit B"; and
WHEREAS, the esurnated total cost of construction of said impiovements is the sum of
NOW THEREFORE, in consad=ation of the approval of the find plat of said SWxhwon by the Cit)r, the Developer
hereby agrees as follows:
The Developer shall deposit as collateral with the City a 14ftr of Credit, or other acceptable collateral as de-termined. by
the KALISPELL CYTY COUNCIL, in the amomt Of$ Said Lwa of Credit or other collateral
shall have an cqxration date of at least st-Av (60) days tollowing the date set for completion of die unpruvernent&
catifying the follo'%ing.
a. That the cTeditor guaranteed ffinds in We sum of S the es*aated cost of completing the
required improvements in 1 5'
b. That -if the Developer ftlg to complete the specffied improvements -,mthm the requ:kred period, the creditor will
pay to ft CIty munediately, and withM further xtim such funds as are necessary to finance the compinion of
those improvemetas up to the limited of =& stated in the letter,
2. That said required improvements shall be fully completed by _ &4U
3. That upon completion of the required improvements, the Developer &hall cause to be filed vnth the 'City a statement
certiftmg that -
a. All rewired &pm==9s am wniplew;
That the inip-rovements are in compliance with the mimmunt standards specffied ttv the City for their
comMxtion and that the Developer warrants said MVrovcments agiimq any and all dcfe= for a period of one:
(1) -v= from ft date iof acceptance of the completion of those improvements by the City,
C. That the Developer knms of no defects m tliose improvements,
d, 117hat these improvements are fiee and clear of arm cneumbra:nces. or ltens�
0. That a schedule of acqttal constn=on costs has been filcd wTM the Citv: ancL
f All applicable fees and surcharges have been paui
4. The Developer shall cause to be filed vath the City copies of final p1mis, profiles, grades and sp=fications of sad
improvements, with the certification of the registered pmfessional mpneer reWisible for thew preparation that to the
beg &his knowledge, improvements have been installed in W=W confiwmaiice vath said specifications.
ff IS AISO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS.
TO -WIT:
That if the City deiennines that any improvements are not constnicted in compliance with the specification.-,, it shall
furnish the DeveJoper mith a list of -Vedfic &ficiewes and may withhold collateW sufficient to mom such compl4i=. If the
City determines that the Developer will not coastruct any or all of die improvements in accordance with the speofications. or
witbm tk requned thme lumtss. it nW withdraw the coflateW and employ swh RuWs as may be accmaTy to consmict the
unprovement or mpmerneW in accordaizee'vnth the N=41catiolas The uraLsedportions of dic collatein] shall bemiumed to the
Develqpu or the crediting institution, as is appinpriate-
IN WrrNESS WHEREOF, the Parties huve hercunto set dzar hands and sc�als the day and yearherm before written.
os", Lj I �k"l 9
(Name of subdivisioxi/Developer/Firm)
13V 0-�
(Title)
The subdmder shall warrant the dlesign, cmstruction. materials and workmaxisbip of the improvements against any failure
or defect in desigrL constructiom material or worlimanship which is disscovered no more than orte (1) year from. the date of
acceptance
STATE OF MONTANA, COUNTY OF FLATHEAD
On this !ija
---9 day of O't - befim me, a Notm Pubhc for the State of Monta=4 pmoiially
appearedD&h,&4a6 �-a, -%A *:5, known to me W be the CWV-119 lape r I whose name is subscribed to the
foregoing instrument and acknowledged to me that he e=uted the sa:Aie.
IN Wrr.NESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal t1w day and year fim above writtem
Notaiv Public for, the State of Montam
My Comnussion
MAYOR, CITY OFKALTSPELL
By-.-
NfAYCR
` J�01A'
E A
AT'IrEST
THERSEA VV=I
CITY CLERK
by:
Tri-C#y Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
June 29, 2004
Phone: (406) 751 -1 S50
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 Park 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 environment,�d hazards
present.
5. Public sewer and water axe 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.
COMPLUNCE WITH CONDITIONS OF "PROVAL
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 uith 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.
Condition No. 3. That a note be placed on the face of the final plat stating that Lots
I and 2 shall be considered a single paxcel for building purposes until such time as
the existing ga-rage 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. 5. 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.
0 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.
0 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 floodplain.
a 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.
Firial Plat for Willis Addition 3
June 29, 2004
Page 4
Sincerely,
Narda A, Wilson, AICP
Senior Planner
NW/
Attachments: I opaque mylar
I reproducible mylar
I 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 O&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 P4-4 LTR. 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 severaJ 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
Z�'
removed. The property is bordered by Ashley Creek to the east and northeast and
single faxaily 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 Fami1v 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 Plan 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 Bignificantly 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
gatne 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 100 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-�ide 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 Countv 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 si-Igle 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 Kaiispell 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 west 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 siabdivision will not have effect on agricultural
activities in the valley.
F. Compliance with the Kalispell Subdivision Regulations
This s ' ubdivision complies -Aith 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
pnvate park -land, (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 axe adequate and
in place, (6) the subdivision complies with these regulations and zoning
Iregulations, (7) there is no significant effects anticipated on agriculture and
agricultural water user facilities, local services, the natural environmental wildlife
and wildlife habitat and the pubhc 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 wen. The
subdi'Vision 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.
RFPCRTS \,2003 \KALSPELL\KWP03-2
4
Tri-City Planning Office
17 Second St East, Suite 211
KaHapen, MT 59901
Phonet (406) 751-1850 F�m- (406) 751-1S58
FINAL PIAT APPUCATION
Project /Subdivision Name: VJ1 i, �rv�
Contact Person:
Name:
Address; a n
Phone No.: -s— —7-C P
Date of Preliminary Plat A
0wner & Mail Address:
Type of Subdivision: Residential —K-Indust-ial Conimercial _PUD —Other
No. of Lots Proposed Parkland (acres)
Land in Project (ac.) Cash -in -Lieu
Exempt
FILLING FEE ATTACHED $ " �,c . ot:;
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 QM
A
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)
X1
ASE Subdivision Improvements Agreement (Attach collateral)
_X_ Parkland Cash -in -Lieu (Check attached)
Maintenance Agreement
P"lats: 1. opaque OR 2 nnylars
I rnylar copy I signed blueline
4 blutlines 4 biuelines, unst
.4ned
**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 rnet. in cases where documentation is required, such as an
engineer's certification, State Department of Health certification, etc., original letters shall be
submitted. Blanket statements stating, for example, 'all improvements are in place" are not
acceptable.
A complete final plat application must be submitted no less than 60 days prior to expiration date of
the preliminary plat.
When all application materials are submitted to the Tri-City Planning Office, and the staff finds the
application is complete, the staff will submit a report to the governing body, The governing body
must act within 30 days of receipt of the revised preliminary plat application and staff report.
Incomplete submittals will not be accepted and will not be forwarded to the governing body for
approval. Changes to the approved preliminary plat may necessitate reconsideration by the
planning board.
I certify that all information submitted is true, accurate and complete. I understand that
incomplete information will not be accepted and that false information will delay the application
and may invalidate any approval- The signing of this application signifies approval for Tri-City
Planning staff to be present on the property for routine monitoring and inspection during the
approval and development process.
—NOTE.- Please be advised that the County Clerk & Recorder requests that all subdwisdon
finid 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 bounaaries
3. Easements
4. Roads or rights -of -way
S. A tie to either an existing subdivision comer 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 nor-th side of Sunnyside Drive, west of Ashley Creek
addressed as 945 Sunnyside Drive. There is an e.7dsting single family home that will
be retained on proposed Lot 2 and a 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 officr- can find that the proposed subdivision meets the preliminary plat waiver
criteria as pro-,4ded for under the Kalispell Subdivision Regulations. Specifically it
meets the following criteria. (1) the subdivision contam's 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 conforInling to -the subdivision regulations, (4) each lot has a suitable
building site and there are no environmental hazards present; (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
improvement
for shared access from the e.�dsting drivewav and anv needed 's required
by that deparm ent be made prior to final plat submittal.
3. 7hat a note be plact�d on the face of the final ?iat stating that Lots 1 and 2 shall be
considered a sm"gle parcel for building purposes until such time as tlie t-'a'sting
clarage has bet�n I�emoved from �he site.
4, That a note be oiaced on the face of the final plat that -waives protest to the creation
of a s-pec' al imorovement district -ror --he future upgrade of SunnVsIde DrI-Ire,
Providing Community Planning Assistance To:
City of Columbia To ails - City of 1-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 witl-1 the proposed City R-4 zoning designation upon annexation to The c1tv of
Kalispell.
6. That the lots within the subdiviz3lon 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 prelirnina-r�y plat approval is valid for three years and will eVire on
April 19, 2007.
Waiver of prehminary plat approval does not constitute approval of the subdivision.
Please note that prior to flinal 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 '09901
Richard and Patricia RUey, 86 Hawthorne West, Kalispell, MT 59901
Tj/NW
LE-.TERS\WAIVEPP\04\%VTLLIS2.DOC
Tri-City Planning Office
17 Second Street East - Suite 2 11
Kalispell, Montana 59901
April 22, 2004
Debbie R. Willis
400 Marco Bay Road
Somers, IVIT 59932
Phone: (406) 751-1850
Fax: (406) 751-1858
tricityCa,centurytel.net
Re: Waiver of Preliminary Plat Approval - 945 Sunnyside Drive, Kalispell
Dear Debbie:
This letter is a follow-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 vou 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 ViNage Loop, Kalispell, MT 5990!
Richard and Patricia Riley, 86 Hawthorne West, Kali�,peil, M71' 59 -001
TJJ J NW
E=RS, IVAIVEPP" 04\ WILLIS3- DOC
Providing Community ?Ianning Assistance To:
Ity of Columbia ?ails - Cit"y of Xaiispell of Whitefish
Montana Department of
IV
X-ANVMONM=AL QUAI= Judy Martz, Governor
P.O. Box 200901 - Helena, NIT 59620-0901 - (406) 444-2544 - www.deq.state.mt.us
ApnIS,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 relatincy to
1.�
this subdivision are in compliance with 76-4-12'17, MCA. Under 76-4-125(2)(d) MCA, this subdivision is not
subject to review, and the plat can be filed with the county clerk and recorder.
Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or
disposal of sewage are proposed 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
Conipliance Technician
Subdivision Section
Water Protection Bureau
(406) 444-1 SO I — email jskaarland@state.mt.us
cc: City Engineer
County Sanitarian
ff le
`4miraiized Senices i)ivisloyj - Eniz)rcerneni Division - Purnming & Comnliance Division - Plunning, Prevention & Assistance Division - Remediation Divj�ion
I . gal .. X . 1116614:6 0 1 0A go'4 10 1209 1
Randy Brodehl - Fire C-bief
Jim �tewart - Assistant Chief/Prevention
Dee McCluskey — Assistant Chief/Operations
May 25, 2004
Debbie R. Willis
400 Marco Bay Road
Somers, IVIT 59932
Re: Willis Addition No. 3
Dear Debbie,
3 12 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.
I 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, 'I ri-City Planning Office
"A'sSisling our and mirkgarii� 7encies, "
_q, erneq
N 02�
M;
300 Baker Avenue - 862-3525 234 E. Montana St. - 257-3123
Whitefish Kaiispell
202 Dewey Avenue - 297-7800
Eureka
320 Nucleus Avenue - 692-8000 110 Third Ave. East - 883-3600
Columbia Falls Poison
P.O. BOX 37
WHITEFISH, MONTANA 59937-0037
June 9, 2004
City of Kalispell
P.O. Box 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 Rd, 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,
I The original of the Irrevocable Letter of Credit and any
subsequent amendments.
2) A signed statement by an authorized official of the City of Kailspell
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 CredJ JI -I
Union if presented at our Whitefish, NIT Office on or before October 1, 2004.
"I"his 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,
Doug Johr��n
Commerc;al 1-o;;n 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 -3708
.4100 MARCO SAY RD FAX855 1!51
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
JHAT WILL SERVICE 4 LOTS, THE
ENTRANCE JS OFF OF SUNNYSIDE
,j
DRIVE AND DENVER STS.
THE SCOPE OF �1%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 CU SIC, YARCS!�
OF MATE`iIAL WILL BE EXCAVATED
AND REMOVED FROM THE SITE.
I EXCAVATE MATERIAL ANC:,
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 EL-�)(JIPMENT
i'00 !i 420.00
420.00
Total
$5,449.00:.
Please sigp, keep
,top copy, and
reeturn voples
2 & 3 �o us,
Thank you�
R C M—S N. 2 M. � T�, 7 T
Beh e Willis
Property
R 1
d
PXA—;7S6. 7; V=E
Thers, MT 59932
M. heri-,ly SUI)M't 41r,-fk)'1A Acd F
Page No� pngos
GLACMR PAVING, M.
P.O. Bux 9222
KALSPFLL., MiONTANA 59904 3921
(406) 257-81811
FAX: 257-8185
Fax: 857 -3 15 1 06/03/2004
KIC NANT
SU,
945 mivside
jc�
aving ne ... WM'S'U P'Ply :21' of '4" crushtd ' ro ' ck " wr app ' rk) ' x.
acier P
..... .. ... ...
Paving, WJ,115�applly 2" of -hot mix f6r
3.,600 s. f. . .....
--NO CREDIT BEYONO 15 DAYS—
agygad cpml, a lati�! p.4myMent rnarge nf YM pL-r Mi% (38% ;ier Rrintim) will -1* �,Mafged;, in Nddimm td,IH4
contract sum, P-arnmeming 15 days aftef the invcits date. and all attorney's Fo4s imcurted to callect said sums and �:harges will be paid
bv the ez'"talmr.
We PI!E14051! heraby lo furnish malevlp� ard lahor — nomp;ela in accorct2rice �,vhh anove speci'ir-at:ons, for 1,9 L�mr )f:
Five ihousand four hundred &_,no i , (,$ 5,400M
L'000
'Fa-yMp.-IT in fx� mme ag follows:
A�� i. qq.nmntz,�4j to to �,s spw1i.d, All .,V. to he, c—oi—d ., a
OP, rA, nl� �01
mvk�,q extra �2t. "4,D I)a exccutad mizen orders, W,z� -,,Al �,,ecam.� in exlea
�11m!roe ��Vor ane a�,Dve �Ile A�i
Aciay-, bmmnn �Dntr-_�. tn Carry t:m, M=0 Ot .'IC' [�CV=Lrl, mnumn�c.
�rvere, i��
Aruptaure of J�rmvmml —
and Sig0alu'a. X
t�) -J, tZle wulk a��
payln�,Sml wli�
V
=AlMg To Flwfder-.
be f, / 2 ()
Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406) 758-5510
This Form is for Subdivisions & Condominiums Only
BY:
FOR: e) "Vz".'�
DATE IC"�I"
DESCP: PURPOSE
�'q T�
YEARS ASSESSOR #
7�0 Ja-7L
1-9,9TTHRU -----------
ka-re-VOTTIVIN
--0 731��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.
0 4
De-�'y Treasurer
(seal)
I
AL ll�- $ , � A M E pv 1, C, -1
IC
y v
,3-Y h,
Vdida'dinq Siaiatori
�j
Form W 12a2 (Rev. 12115195)
FILE NO.: CT-80485
CT-80?85 FEE: $125.00
H-358853
SUBDIVISION OR PROPOSED SUBDIVISION: Willis Addition No. 3
SUBjECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER
PROVISTONS OF THE CONDICIONS AAD STIPULATIONS HERETO PANEKED AID MA.DE A ?lRT
OF TAIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION,
HEREIN CALLED THE COMPANY GUARANTEES:
Deborah Willis
FOR THE PURPOSE OF AIDING !TS COMPLIANCE WITH FLATHEAD COUNTY SURDIVIS107
REGULATIONS, !N A SUM NOT EXCEZDINC 55,000.00,
THAT according :o those public records which, under the recording laws cf the
Scare of Montana, impart constructive notice of matters affecting the tiole no
the lands described as follows:
A tracz of land, situated, lying, and being in the Southeast Quarver of the
Southwest Quarter of Section 18, Township 28 North, Range 21 Weso, ?,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
County, Montana, which is on the Southerly R/W of a 40 fcot counry road
known as Sunnyside Drive; thence along said R/W
North 88'11'18" East 376.11 feet; thence leaving said R/W
North 01'48,421 West 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 land here0l
described; thence
North 04'06'06" West 229.84 feet to a found iron Din; thence
North 84'20'54" East 173.16 feet to the approximate thread of Ashley Creek;
thence along said thread the following eleven (11) courses:
South 404991" East 8.78 feet;
South 45'12'33" East 28.09 feet;
South 62'341261 East 72.25 feet;
South 69'47110" East 39.38 feet;
South 63'02124" East 33.20 fees;
South 51'22'34" East 12.03 feet;
South 61'32102" East 35.57 feet;
South 57'101130 East 50.49 feet;
South 46'14'36" East 31.63 feet;
South 28*06,05" East 29.69 feet;
Souzh 06'08150" West 20.46 feet to tne Northerly R/W of said road; thence
leaving said thread and along said Northerly R/W
Continued...
FILE NO.; C-7-8048D
Pacre 2 o f 3
-1 1
N'o -r h 74'20"12" West 1155.13 feet to a se- iron pl'n.; ��_'-ence
South a8'27'1V Wesc 1-1-0.50 feet to a set _41ran pin: t-ence
sc"_I-th 88'11'18" Tjqes-- 1-98.00 feet to the Poilnc o-f Beginning.
TO SE KNONINT AS Wili-I -is Addition No. 3
ti-Ile 4ntereSt
-es r_a-,,=cF record in said lanas whose s1gratures. are
-le r_j,_14
.-ecessar_,.- - _Iz -_ -1-remenu.s of Flathlead Ccunry Suhdivision Regillat-ions
on the certificatez consenting to the recordacion of Plats and- offering for
ded-'ca--ion, anv streets, roads, avenues and ot-er easements offered, -for
dedication -ov said Plat are:
!Deborah.. Willis, as record Gwme_�
Whitefish Credit U lon, as Eeneficiary
(2� Pa _t 4 1 es ho-ding !Ja�os c_- encumibrances o_n the t,' le to said 'ands are.
1. General and special county taxes for the year 2004, a lien not ver- -payahie.
NOTE: G��neral and s-pe C41a7l county taxes for the vear 2005 and a"'- prIor yea-1-s
have been naid in full.
2, Trust Indenture dated March 26, 2004, to secure an. indebtedness in the
AMOT=I $173,000.00, and any other amounts and/or obiiga�_J'ons secured
th_ereby�
RECORDED i March 29, 2004, as Doc. No. 2004-029-15080,
records of Flathead County, Montana.
GRANTOR Debo_-ali R. Willis, aka Deborah Willis and De'.ia Young
TRUSTEE Citizens Title & Escrow
BENEFTCIARY: Wh_,'teffish Credit Union
AFFECTS : Premises and other prope--ty
3. AssIgnment of leases and rents executed by and between Deborah F_ W-Mis,
aka Deborah -vL !!is and Whitefish Credit Union, reco--ded March 29, 2004, as
Doc. No. 2004-089-15090, records of Flathead County, Montana.
Ccnti.-ued...
-FILE NO.: CT-80485
Dace 3 of 3
(3 ) -E"asements, clail_ms of ease-mentF and res��riczlcv_ acree-me--t- of recora a-7e:
1. Co,=--v road rights-cf-way not reco--ded, a�d indexe,-� as a convevance 4-- �he
ofr-'sce cf t'-e Clerk and Reccrr`er 7pursuanr to t e "70, chazter 21, M.C-a'.
2 . Ternas and cond'tions and Grant of Ease-ment as contairled in tha-_ ce--tain
Aareement- by and beuween John :�. Farr 4. S , e- ux o f t-e f irs parz-, and
Henry Hoffman, ez ux, pa_rties of the seco-d p a f J u 1 9 , 5 1
Back J.20, Page _502, records of Flaz_'-ead County, Montana.
3. T-e--ms and ccndizions and Grant of Easement as contained in cC-=_a_-'n
Aareemen-, by a:7�d 'zetween Cjr4
S-4 an Nomme:�Son, e- al, par-,_�es C'L �_he firs-_
-,art, and Mary E_ Beaulau -4zer, party of the second par--
- L
26, _19346 in Beck 221, Paue 329, records of F-lazInea— Cou-iny, Mo=ana.
4. An-v cla�m arising from the difference in the raean lo-�%F water line of the
Ashley Creek and the meander line as shc,��,fn by the origlnal Governmen� Survev.
I-- L .-n the !Ded off '�he
RcCq-, title and interest of the S-ate of Montana W4�1�4
Ashley Creek below the low wat:er iir�e, and, also excepting accre-ions
water -ward on said line.
6. Public rig�)t and ease-ments -for co=e--ce, _-ecreaticn, naviaatiori and
4F �
__�shery.
road and U�-:14-y easement as discicse,�, or. the pending Pla- of
Will -is Ad-4r�on Ijo.
U_ _ j 3.
S. The above described property is locared within and si,:bjecz- to the
jurisdic-._'on of the Smith VaUey Fire Distripi.
DATED: March 29, 2004, at 3:019 P,M.
I 'i"_ � I
Suhsc_-ibed and sworn to before me this
""VO Wit",
I W, GracH
NOTARY PUWC-MMAM
�*-'NOTARIAL�*-
SEAL RMM9 at Kg"K MotNU
0
�hy com. Even JUN a 2M
----------- =��
for Sza-_e 0� Man7ana
No z ar P,� h 4 C
Hes g a
My s i o n Exp e s
THE END
CONSENT TO PLATTING
Pursuant to Section 76-31-612, MCA 1979, the undersimed,
96-wl Tz6kw,� hereby consents to the Platting of a tract of land to be known and named
�s thc�"_j&!'i 1 61 1 thereof attached.
j A ld'+i,"A NO , -3 —
IN' WITNESS WHEREOF, said party has caused their name to be subscribed hereto on
this day of _�� v,, ��
e-- ��, 20Ai—I
STATE OF MONTANA
SS
COUNTY OF FLATHEAD )
On this day of 200 Lf 1
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.
L�y
TA
C
OT
Not -k.blic for the State of M
Residing at:
Mv Commission Expires: 0--),
TOTAL AREA. 1624 ACt
40711
a40e AC
A PORMV OF LOT 4 -ZFWY S&F J9W & ft SE14SW4 SEC A%
Uft R^ A" aA7W-AD CO�
JOW"
� r_
LOT 2
0.499 AC-0
a440 Ar� MET
LOr Jr
aiva,46*
0. 402 A Ct
12AM AMt 107
LANE
ASHLEV Q$WA(
SUKUYSIDE DRIVE
a?W4 Am
7MAL AAWA L624 AQ
PLAT 6F
W111.1S ADDITION JV0. 3
AN AMMM M-0 OF
A Pa97)iW OrWr4 SWSWMW* Off "4=W SM 14
uft RaK A" RAMAD CA
AMAW
m
Lori
a4M Aa
LOT 2
a4" AQt
a4W A02 Affr
LOT 3
O.JZ AC--
ja�
LOT 4
0.402 Aar
gg:%
w
RX
NNW