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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 s 1892