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H2. Res. 6172, Northland Ph 5 Prel. Plat 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: Northland Subdivision Phase 5 — Preliminary Plat Extension MEETING DATE: November 20, 2023 BACKGROUND: This is a request by Bridgeland Development, LLP, to extend the preliminary plat for Northland Subdivision Phase 5 for two years. The preliminary plat was approved June 5, 2017 (Resolution 5816). 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 original expiration date for the plat was June 5, 2020. An extension in 2020 was granted, and two final plats in 2020 and 2021 extended the expiration date to December 20, 2023. The subdivision regulations provide for a second two-year extension request and the applicant has provided a letter requesting a plat extension. The letter states that the primary reason for the request is ongoing discussions with the Montana Department of Transportation ("MDT") regarding its adjoining property to the west and how it might connect to this property. Initial plans allowed for some earthwork to extend onto the MDT property, but that does not appear to be an option at this point. An extension would allow additional time to determine the site design to reflect this issue and would serve the public interest by creating interconnectivity between this development and potential future development on the MDT property. It does not appear to adversely impact any adjoining properties. 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 6172, a resolution extending the Northland Phase 5 Subdivision preliminary plat for an additional two years. FISCAL EFFECTS: Positive impacts if approved. ALTERNATIVES: Deny the request. Report compiled: November 8, 2023 Attachments: Resolution 6172 Extension Request letter c: Aimee Brunckhorst, Kalispell City Clerk RESOLUTION NO. 6172 A RESOLUTION APPROVING A TWO-YEAR EXTENSION TO THE PRELIMINARY PLAT OF NORTHLANDS SUBDIVISION PHASE 5, LOCATED AT THE WESTERN BOUNDARY OF NORTHLAND DRIVE IN SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, the city council of the City of Kalispell granted preliminary plat approval for Northlands Subdivision Phase 5 on June 5, 2017; and WHEREAS, the city council of the City of Kalispell granted a two-year extension of the preliminary plat for Northlands Subdivision Phase 5 on June 15, 2020 and two final plats in 2020 and 2021 extended the expiration date until December 20, 2023; and WHEREAS, WGM Group, on behalf of Bridgeland Development, LLP, requested a final two-year extension to the preliminary plat of Northlands Subdivision Phase 5 due to ongoing discussions with the Montana Department of Transportation ("MDT") regarding its adjoining property to the west and how it might connect to this property; and WHEREAS, Section 28.2.06.E.7.b of the Kalispell Subdivision Regulations states that if a final plat has not been filed at the end of the additional two-year extension period, the owner may appeal to the city council in writing for one final extension not to exceed two years provided certain conditions are met; and WHEREAS, Bridgeland Development has met the certain conditions and it is in the best interests of the city that the two-year 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 WGM Group for a final two-year extension of the preliminary plat of Northlands Subdivision Phase 5, 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 20TH DAY OF NOVEMBER, 2023. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk From: Mike Brodie To: PJ Sorensen; Jarod Nvaren Cc: Marvin Galts; Benjamin J. Rankin Subject: EXTERNAL Preliminary plat extension request for Phase 5C of Northland Phase 5 Date: Thursday, November 2, 2023 1:28:15 PM Attachments: WGM banner d922236b-c768-40f1-b664-41dOc469805a.ona [NOTICE: This message includes an attachment -- DO NOT CLICK on links or open attachments unless you know the content is safe.] PJ and Jarod, Per discussions last week, we would like to request an extension for the preliminary plat of phase 5C of Northland PUD/Subdivision. The primary reason for this extension request relates to changing conditions which have resulted in unusual hardship in getting the project completed. Specifically, initial discussions occurred with Montana Department of Transportation regarding being open to encroachment of earthwork onto their adjoining property directly west. As design occurred on the site and further discussions took place with MDT, the decision was made that it was no longer a viable path forward for them to accept the earthwork encroachment on their property. This subsequently made the completed design inviable and other options are being considered. This extension is in the public's best interest to allow the developer additional time to reconsider the design of the site to assess viability within the existing preliminary plat. To our knowledge there are no changes to the immediately abutting properties that would be adversely affected by the approval process as the area on the south and east are built, and the neighbor to the west (MDT) and north (Touchmark LLC), should be well aware of the existing approval with no current plans into the City of Kalispell. It should also be noted that the developer had completed engineering plans for this phase of subdivision which accommodated changes to public works standards which included the rework of a road and lots to meet a 200-foot radii curve which was not a design requirement at the time of plat. This is in keeping with the city's current regulations further illustrates the property owner's efforts to work within the existing approval while they work to find a path forward. Thank you for your consideration of the extension. Mike Brodie, PE Senior Project Engineer M: 360-689-7535 0: 406-756-4848 431 1st Avenue W Kalispell, Montana 59901 www.wamaroup.com