Staff Report/Preliminary Plat ExtensionPlanning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.katispell.com/planning
REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
Myrt Webb, Interim City Manager
SUBJECT Autumn Creek request for one-year preliminary plat extension
MEETING DATE: July 20, 2009
BACKGROUND: This is a request by Thomas, Dean 8v Hoskins, Inc. on behalf of their client
for a one year extension for the preliminary plat of Autumn Creek. The Autumn Creek
subdivision is a 20 lot residential subdivision approved on October 2, 2006 by the Kalispell
City Council subject to 22 conditions. Autumn Creek lies north of Hwy 2 West, on the east
side of Hathaway Lane. The subdivision includes 16 single family lots and 2 two -unit
townhouse lots on approximately 8.7 acres zoned R-2, Single Family Residential.
The Kalispell Subdivision Regulations requires a preliminary plat to be filed within three years
of approval. This would require the final plat for Autumn Creek to be filed by October 2, 2009.
A one year extension would give the developer until October 2, 2010 to file the final plat.
RECOMMENDATION: A motion to adopt the resolution and grant a one-year extension to the
preliminary plat approval for the Autumn Creek Subdivision would be in order.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
Sean Conrad
Senior Planner
Report compiled: July 14, 2009
M Webb
Interim City Manager
c: Theresa White, Kalispell City Clerk
Douglas Kauffman, TD&H, Inc., 35 Three Mile Drive, Suite 101, Kalispell, MT 59901
Attachments: Letter of request from TD&H
Vicinity map
Preliminary plat
RESOLUTION NO.5375
A RESOLUTION APPROVING A ONE-YEAR EXTENSION TO THE PRELIMINARY
PLAT OF AUTUMN CREEK SUBDIVISION, 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.
WHEREAS, the City Council of the City of Kalispell passed Resolution 5153 on October 2, 2006,
approving the preliminary plat for Aspen Creek Subdivision, subject to certain
conditions, and
WHEREAS, Thomas, Dean & Hoskins, Inc., on behalf of Lee and Linda Hershberger, now desires
a one-year extension to the preliminary plat due to the downturn in market
conditions, and
WHEREAS, Section 2.06 of the Kalispell Subdivision Regulations and Montana Subdivision and
Platting Act allows the City Council to grant a one-year extension to the preliminary
plat in addition to the original three year approval; and
WHEREAS, good cause exists for the request for extension by Thomas, Dean & Hoskins, Inc. 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 I. That the application of Thomas, Dean & Hoskins, Inc. for a one-year
extension of the preliminary plat of Autumn Creek Subdivision, Kalispell,
Flathead County, Montana is hereby approved with the conditions previously
required by Resolution 5153.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 20TH DAY OF JULY, 2009.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
Thomas, Bean & Hoskins, Inc.
TD&'*
Engineering Consultants j vd t
F 1 it
CITY CLERK
May 27, 2009
City Council
City of Kalispell
PO Box 1997
Kalispell, MT 59901
Re: Autumn Creek
Dear Council:
On behalf of our client, we would like to formally request an extension of one calendar year of
the preliminary plat approval of Autumn Creek, as set forth in Section 2.06 (E) 7 of the
Subdivision Regulations of City of Kalispell. The conditional approval was granted by
Resolution 5153 on October 2, 2006 and will expire October 2, 2009. We are requesting an
extension of the approval to October 2, 2010.
Sincerely,
THOMAS, DEAN & HOSKI S, INC.
Douglas J Kauffinai
DJK/lgh
K05-073-002
Cc: Lee Hershberger
Thomas Jentz
J:A2005\K05-005\K05-005-001 Ponderosa His PDD\Word\5.27.09 Letter CountyCommissioner.doe
35 Three Mile Drive, Suite 101 ® Kalispell, MT 59901 ® (406) 751-5246 ® FAX (406) 752-5230
! ! !
WHEREAS, Lee and Linda Hershberger, the owners of the certain real property described above,
have petitioned for approval of the Subdivision Plat of said property, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
August 8, 2006 on the proposal and reviewed Subdivision Report #KPP-06-10 issued
by the Kalispell Planning Department, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Autumn Creek Subdivision subject to certain
conditions and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of October 2,
2006, reviewed the Kalispell Planning Department Report #KPP-06-10, reviewed the
recommendations of the Kalispell City Planning Board and Zoning Commission, and
found from the Preliminary Plat, and evidence, that the subdivision was in the public
interest.
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 Kalispell Planning Department Report
#KPP-06-10 are hereby adopted as the Findings of Fact of the City Council.
SECTION II. That the application of Lee and Linda Hershberger for approval of the
Preliminary Plat of Autumn Creek Subdivision, Kalispell, Flathead County,
Montana is hereby approved subject to the following conditions:
1.That the development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional
conditions associated with the preliminary plat as approved by the city council. (Kalispell
Subdivision Regulations, Appendix C — Final Plat)
2.New infrastructure required to serve the subdivision shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction and
Montana Public Works Standards; and shall be certified by an engineer licensed in the
State of Montana. All work shall be reviewed and approved by the Kalispell Public Works
Department prior to construction. This infrastructure shall include but not be limited to
streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. In addition to
the new City streets within the subdivision Hathaway Lane, as it fronts the subdivision,
shall be improved to the City of Kalispell's Standards for Design and Construction and
Montana Public Works Standards. (Kalispell Design and Construction Standards and
Findings of Fact Section D)
3.The developer shall submit to the Kalispell Public Works Department an engineered drainage
plan that meets the requirements of the current City standards for design and construction.
Prior to final plat, a certification shall be submitted to the Public Works Department stating
that the improvements have been built as designed and approved. (Kalispell Design and
Construction Standards)
4.A letter from the Kalispell Public Works Department shall be submitted stating that all new
infrastructure has been accepted by the City of Kalispell. (Kalispell Design and
Construction Standards)
5.If any work is to be done within the creek the developer shall submit a 310 application to the
Flathead Conservation District prior to any construction.
6.That an easement shall be obtained from the adjoining property owner to the northeast
granting the right to cross those properties for utility extension purposes. (Kalispell
Subdivision Regulations, Section 3.08 (A).
7.The following requirements shall be met per the Kalispell Fire Department: (Kalispell
Subdivision Regulations, Section 3.20).
a. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in accordance with
International Fire Code (2003) Appendix B.
b. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction.
C. Fire Department access shall be provided in accordance with International Fire Code
(2003) Chapter 5.
d. It should be noted that hazardous weed abatement shall be provided in accordance with
City of Kalispell Ordinance 10-8.
e. Street naming shall be approved by the fire department.
8.That a letter be obtained from the Kalispell Parks and Recreation Director approving a
landscape plan for the placement of trees and landscaping materials within the five foot
landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision
Regulations, Section 3.11).
9.The area designated on the plat as "park" will meet the parkland dedication requirements
provided that it is developed to create a recreational amenity within the subdivision. Those
park improvements shall be addressed in accordance with a plan approved by the Kalispell
Parks and Recreation Director so as to provide a recreational component within the
development and, at a minimum, the park improvements shall equal a cost amount of 0.31
of an acre of the fair market value of the undivided, unimproved land. A letter from the
Kalispell Parks Department shall be provided at the time of final plat that outlines the
improvements and confirms those improvements have been made. (Kalispell Subdivision
Regulations, Section 3.19 and Findings of Fact Section D).
10. The developer shall obtain a permit from the Flathead County Road Department to improve
Hathaway Lane to a standard 24-foot width with 4-foot shoulders on either side of the
roadway from the intersection of US Hwy 2 West north along Hathaway Lane for a
distance of 150 feet. A letter from the Flathead County Road Department shall be
submitted stating that all improvements along Hathaway Lane have been completed.
(Findings of Fact Section D)
11. A homeowners association shall be created for the maintenance and upkeep of the park
serving the subdivision. (Findings of Fact Section D)
12. The following notes shall be placed on the face of the final plat:
a. On lots 5 and 6 garage construction shall be located between the house and the future
bypass area as shown the plat of Autumn Creek subdivision.
b. Construction of homes on lots 5 and 6 shall utilize sound -absorbent materials along the
side of the house facing the highway bypass. (Findings of Fact Section A)
13. A note shall be placed on the face of the final plat that waives protest to the creation of a
special improvement district for the upgrade of Hathaway Lane to urban standards.
(Findings of Fact Section D)
14. Townhouse lots within the subdivision shall be identified by a lot number and letter A or
B.
15. The Kalispell Bypass corridor shall be indicated on the final plat as a separate parcel along
with a note that states "reserved for future right-of-way acquisition", or if the State has
acquired the property as the "Proposed Kalispell Bypass" and not be made part of the
proposed lots. (Findings of Fact Section D)
16. The roads within the subdivision shall be named and signed in accordance with the policies
of the Kalispell Public Works Department and the Uniform Traffic Control Devices
Manual and be subject to review and approval of the Kalispell Fire Department. A letter
shall be obtained from the Kalispell Public Works Department stating the naming and
addressing on the final plat have been reviewed and approved (Kalispell Subdivision
Regulations, Section 3.09).
17. All existing and proposed easements shall be indicated on the face of the final plat. Utility
easements for City water and sewer shall be provided to allow for the logical extension of
utilities from this subdivision to adjoining properties. A letter from the Kalispell Public
Works Department shall be obtained stating that the required easements are being shown
on the final plat.
18. Prior to filing the final plat a letter from the US Postal Service shall be included stating the
Service has reviewed and approved of the design and location of the mail delivery site.
The mail delivery site shall be installed or bonded for prior to final plat. In addition, the
mail delivery site and improvements shall also be included in the plans to be reviewed by
the Public Works Department. (Kalispell Subdivision Regulations, Section 3.22).
19. Street lighting shall be located within the subdivision and shall have a full cutoff lens so
that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision
Regulations Section 3.09(L)).
20. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section
3.17).
21. All areas disturbed during development of the subdivision shall be re -vegetated with a
weed -free mix immediately after development.
22. That preliminary plat approval shall be valid for a period of three years from the date of
approval. (Kalispell Subdivision Regulations, Section 2.04).
SECTION III. 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 AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 2ND DAY OF OCTOBER, 2006.
Pamela B. Kennedy
Mayor
Theresa White
City Clerk
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LEE & LIMA HER H ERGER
PRELIMINARY PLAT - AUTUMN CREED
21 LOOP (17 SINGLE FAMILY, 4 TOWNHOUSE)
SUBDIVISION ON 8.69 ACRES - FILES CONCURRENTLY
AN ANNEXATION & INITIAL ZONING AND A
CONDITIONAL USE FERMI'
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PRELIMINARY PLAT OF Autumn
AUTUMN CREEK SUBDIVISION Creek
PORTION OF SOUTH HALF, SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP
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DETAIL - TOWNHOUSE
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