H5. Resolution 6171, Autumn Creek extensionKALisPEii,
Development Services Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannine
REPORT TO: Doug Russell, City Manager
FROM: PJ Sorensen, Senior Planner
SUBJECT: Autumn Creek Subdivision — Preliminary Plat extension
MEETING DATE: November 6, 2023
BACKGROUND: This is a request by JAG Capitol Investments, LLC, to extend the preliminary plat
for Autumn Creek Subdivision for two years. The preliminary plat for Autumn Creek was approved
January 4, 2021. Condition 2 of the preliminary plat states that "the preliminary plat shall be valid for
a period of three years from the date of approval," which is in accordance with 28.2.06(E)(7) of the
Kalispell Subdivision Regulations. Accordingly, the expiration date for the plat is January 4, 2024.
The subdivision regulations provide for a two-year extension request and the applicant has provided a
letter requesting a plat extension.
The applicant has been under construction and is preparing for final plat, although the start of the
construction of the development was delayed due to unforeseen circumstances. They anticipate
submitting a final plat application in the near future, but need some extra time to stay compliant with
the timeline detailed in the subdivision regulations that require the application to be submitted at least
sixty (60) days prior to the expiration of the plat. If the extension is not granted, the applicant will be
required to go back through the Major Preliminary Plat process prior to final plat approval.
RECOMMENDATION: It is recommended that the City Council approve Resolution 6171, a
resolution extending the Autumn Creek Subdivision preliminary plat for an additional two years.
FISCAL EFFECTS: Positive impacts if approved.
ALTERNATIVES: Deny the request.
Report compiled: October 31, 2023
ATTACHMENTS: Resolution 6171
Extension Request letter
c: Aimee Brunckhorst, Kalispell City Clerk
RESOLUTION NO. 6171
A RESOLUTION APPROVING A TWO-YEAR EXTENSION TO THE PRELIMINARY
PLAT OF AUTUMN CREEK SUBDIVISION.
WHEREAS, the City Council of the City of Kalispell granted preliminary plat approval for
Autumn Creek Subdivision on January 4, 2021; and
WHEREAS, the developers, JAG Capitol Investments, LLC, have requested a two-year extension
to the preliminary plat of Autumn Creek Subdivision due to required improvements
which need to be completed; and
WHEREAS, good cause exists for the request for extension by JAG Capitol Investments, LLC and
it is in the best interests of the city that the extension be given.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION 1. That the application of JAG Capitol Improvements, LLC, for a two-year
extension of the preliminary plat of Autumn Creek Subdivision, Kalispell,
Flathead County, Montana is hereby approved.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 6TH DAY OF NOVEMBER, 2023.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
450 Corporate Drive
Suite 101
Kalispell, MT 59901
October 3011, 2023
TD&,
Engineering +
1
City of Kalispell — Development Services Department
Attn: PJ Sorensen, Esq. — Senior Planner
201 1 st Ave. East
Kalispell, MT 59901
RE: AUTUMN CREEK SUBDIVISION
406. 751. 52 46
tdhengineering.com
REQUEST FOR PRELIMINARY PLAT EXTENSION
TD&H ENGINEERING JOB NO. K20-042
Dear PJ,
On behalf of our client (JAG Capitol Investments, LLC), we would like to formally request a
two-year extension from City Council for completion of the required Autumn Creek
Subdivision improvements. Unfortunately, the start of construction was delayed due to
unforeseen circumstances and as a result, the required improvements have not been fully
completed yet. We are anticipating submitting for final plat in the next 30 days, however
per the subdivision regulations, a complete application for final plat approval shall be
submitted to the Planning Department at least 60 days prior to the expiration of the final
plat (which is January 41", 2024). For this reason, we are requesting that Council extend
the preliminary plat approval for an additional two-year period.
If you have any questions or if you need any additional information regarding this request,
please feel free to contact me directly. Thank you for your consideration or our request.
Sincerely,
- " 0-�� Pv—
Douglas Peppmeier, PE
Principal / Regional Manager
TD&H ENGINEERING
J:\2020\K20-042 JAG - Autumn Creek Subdivision\012 - Final Plat\DOCUMENTS\PREL PLAT
EXTENSTION\TDH KAL LETTERHEAD.DOC
MONTANA I WASHINGTON I IDAHO I NORTH DAKOTA I PENNSYLVANIA
ORDINANCE NO. 1852
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE (ORDINANCE NO. 1677), BY ZONING CERTAIN
REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS ASSESSORS TRACTS
6AAK, 6DI AND 6AB LOCATED IN SECTION 12, TOWNSHIP 28 NORTH, RANGE 22
WEST, P.M.M. FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY R-2
(RESIDENTIAL) TO CITY R-4 (RESIDENTIAL) IN ACCORDANCE WITH THE
KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE
DATE.
WHEREAS, JAG Capital Investments, LLC, the owners of the property described above,
petitioned the City of Kalispell that the zoning classification attached to the above
described tract of land be zoned R-4, on approximately 8.41 acres of land; and
WHEREAS, the property is located on Hathaway Lane north of Highway 2 West; and
WHEREAS, JAG Capital Investment's petition was the subject of a report compiled by the
Kalispell Planning Department, Staff Report #KZC-20-02, dated December 2, 2020,
in which the Kalispell Planning Department evaluated the petition and recommended
that the property as described above be zoned R-4, Residential, as requested by the
petition; and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-4, Residential, the City Council finds such initial zoning to be consistent
with the Kalispell Growth Policy Plan -It 2035 and adopts, based upon the criterion
set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County
Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff
Report No. KZC-20-02.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance (Ordinance No. 1677) is hereby amended by designating the
property described above as R-4, Residential, on approximately 8.41 acres of
land.
SECTION 2. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance not amended hereby shall remain in full force and effect.
SECTION 3. This Ordinance shall be effective thirty (30) days from and after the date of
its final passage and approval by the Mayor.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS 19TH DAY OF JANUARY, 2021.
1
Mark Johns011
ATTEST: Mayor
Aim e Brunckhorst, CMC
;'
City Clerk = C
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