7. Resolution 4893A - Amending Preliminary Plat for Glacier Commons SubdivisionY �'c
City. of Kalispell
Post Qfficp Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406) 758-7000 Fax - (406) 758-7758
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REPORT TO: Honorable Mayor and City Council
FROM: Chris Kukulski, City Manager
SUBJECT: Grarutid sane
MEETING DATE: August 2, 2004
BACKGROUND: As discussed during the July 12 workshop, we have a significant dilemma
in the reconstruction of Granrud Lane. On June 7, 2004 the City Council passed Resolution
4893B which clarified the developer's requirement to reconstruct Granrud lane the entire length
of the southern boundary of Glacier Commons (approx. 1,400 feet). The resolution clarified that
curbs/gutters, sidewalks and street trees would be placed on both sides of this reconstruction
area.
Though this is the preferred design by Council as evident by the passage of Resolution 4893B,
the security of the bond to build to this level is not sufficient for the current cost. Therefore, the
City will likely end up being the entity to reconstruct this roadway and as a result, the developer
would actually request that the City utilize the financial security and build the road ourselves. If
this were to happen the City would be faced with the fact that it would need to come up with
between $75,000 and $125,000 of additional transportation money in order to reconstruct
Granrud Lane to this standard. ,
Therefore I am asking the Council to reconsider their action of June 71' and approve the attached
Resolution 4893A. Res. 4893A requires that the street be reconstructed from Whitefish Stage
west through the Buffalo Stage intersection with Granrud (approx. 950 ft.). Included in the
reconstruction area are curbs/gutters and landscaping on both sides of the street with an eight
foot wide bike path on the south side of Granrud Lane that will connect with the Whitefish Stage
bike path. This project can be done within the confines of the security. As a result, it would be
in both the developer's and City's best interest to have the developer conduct this work. Because
of Federal and State requirements placed on the City it cost the City more money per lineal foot
to build roads and as a result the public would see fewer improvements to Gramud Lane.
Also attached tot your consideration is a letter written by the developer that outlines their
concerns.
FISCAL EFFECTS: By not rescinding Resolution 4893B the City can expect to spend between
$75,000and $100,000 in addition to the $150,000 bond in order to reconstruct Granrud lane to
meet the required specifications.
RECOMMENDATION: Two actions are recommended. 1 s` _ a motion to rescind Resolution
4893B and 2nd — a motion to adopt Resolution 4893A.
Respectfully submitted,
Chris A. Kukulski, City Manager
RESOLUTION NO.4893A
A RESOLUTION APPROVING THE REQUEST OF SHAW DEVELOPMENT, OWNER
OF CERTAIN REAL PROPERTY, TO AMEND RESOLUTION 4711 CONDITIONALLY
APPROVING THE PRELIMINARY PLAT OF GLACIER COMMONS SUBDIVISION,
MORE PARTICULARLY DESCRIBED AS ASSESSOR'S TRACT 2 IN THE NORTHEAST
QUARTER OF SECTION 31, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M.
FLATHEAD COUNTY, MONTANA.
WHEREAS, on June 17, 2002, the Kalispell City Council passed Resolution No. 4711,
conditionally approving the preliminary plat of Glacier Commons Subdivision; and
WHEREAS, Resolution No. 4711 contained a condition No. 6 that requires that "Granrud Lane
shall be upgraded to City standards in accordance with the City of Kalispell's Design
and Construction Standards for urban streets within 24 months of the approval of
final plat of Phase Two'; and
WHEREAS, the normal City Standards for urban streets requires sidewalks to be constructed on
both sides of the street; and
WHEREAS, Shaw Development, owner of Glacier Commons Subdivision requests that Condition
No. 6 of the conditional approval of the subdivision be amended to require that
Granrud Lane be improved to normal City Standards for that length of road
extending 950 feet beginning at Whitefish Stage Road and that the remaining 380
feet of Granrud Lane extending to Country Way be improved in conformance to the
City's Alternate street standard; and
WHEREAS, specifically, Shaw Development requests that it be required to improve through the
intersection of Granrud Lane with curb and gutter for 950 feet from Whitefish State
Road to Buffalo Stage Drive and from there to Country Way, approximately 380
feet, with parallel drainage ditches. Shaw Development further requests that it be
required to construct an eight foot wide asphalt bike path on the south side of the
street for the full length of Granrud Lane in lieu of sidewalks on both sides of the
street.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION L The preliminary plat approval for Glacier Commons Subdivision shall be and
is hereby amended at Condition No. 6 so that condition shall read as follows:
"That Granrud Lane shall be upgraded to normal City standards in
accordance with the City of Kalispell's Design and Construction Standards
for urban streets for that portion of Granrud Lane from Whitefish Stage Road
through to Buffalo Stage Road (a distance of approximately 950 feet) and
from there to Country Way (a distance of approximately 380 fee), upgraded
to the City's Alternate street standard with parallel drainage ditches. In lieu
of constructing sidewalks on both sides of Granrud Lane, an eight foot
asphalt bicycle path shall be constructed on the south side of Granrud Lane
for the full length of that street to connect with the Whitefish Stage Road
bike path."
PASSED AND APPROVED BY THE CITY COU_VCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 2ND DAY OF AUGUST, 2004.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
RESOLUTION NO.4893B
A RESOLUTION REJECTING THE REQUEST OF SHAW DEVELOPMENT, OWNER
OF CERTAIN REAL PROPERTY, TO AMEND RESOLUTION 4711 CONDITIONALLY
APPROVING THE PRELIMINARY PLAT OF GLACIER COMMONS SUBDIVISION,
MORE PARTICULARLY DESCRIBED AS ASSESSOR'S TRACT 2 IN THE NORTHEAST
QUARTER OF SECTION 31, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M.
FLATHEAD COUNTY, MONTANA.
WHEREAS, on June 17, 2002, the Kalispell City Council passed Resolution No. 4711,
conditionally approving the preliminary plat of Glacier Commons Subdivision; and
WHEREAS, Resolution No. 4711 contained a condition No. 6 that requires that "Granrud Lane
shall be upgraded to City standards in accordance with the City of Kalispell's Design
and Construction Standards for urban streets within 24 months of the approval of
final plat of Phase Two"; and
WHEREAS, the normal City Standards for urban streets requires sidewalks to be constructed on
both sides of the street; and
WHEREAS, Shaw Development, owner of Glacier Commons Subdivision requests that Condition
No. 6 of the conditional approval of the subdivision be amended to require that
Granrud Lane be improved to normal City Standards for that length of road
extending 950 feet beginning at Whitefish Stage Road and that the remaining 380
feet of Granrud Lane extending to Country Way be improved in conformance to the
City's Alternate street standard; and
WHEREAS, specifically, Shaw Development requests that it be required to improve Granrud
Lane ivith curb and gutter for 950 feet from Whitefish State Road to Buffalo Stage
Drive and from there to Country Way, approximately 380 feet, with parallel drainage
ditches. Shaw Development further requests that it be required to construct an eight
foot wide concrete bike path on the south side of the street for the full length of
Granrud Lane in lieu of sidewalks on both sides of the street.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. The preliminary plat approval for Glacier Commons Subdivision, with
attached conditions and adopted on June 17, 2002 as Resolution 4711 shall
not be amended for the reason that all such attached conditions are in the best
interests of the residents of that subdivisions and the citizens of the City of
Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 7TH DAY OF JUNE, 2004.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
RIO ARIZONA HOLDINGS
7590 EASTGRAY ROAD #105 • SCOTT SDALE. AZ 85260
July 8, 2004
City of Kalispell
P O Box 1997
Kalispell, Montana 59903
Gentlemen:
This is in response to the letter containing Resolution 4893E rejecting our request
regarding an amendment of preliminary plat, received from Theresa White on June 10,
2004.
Apparently, Shaw Development is being singled out for particularly more demanding
standards than other developers in your jurisdiction, and certainly more demanding than I
have experienced in my many years of development in several other jurisdictions. More
precisely, the request that we improve both sides of Granrud Lane, including curb,
sidewalk, full -width pavement and landscaping on both sides, is attempting to place the
cost of past omissions on present developments `just because you think you can'.
Notwithstanding that there will soon be other properties developed adjacent or nearby
that will rely on Granrud for their access, and forgetting for the moment that our buyers
use only the Eastern 500' of the more than 1300' in question, it is extraordinary in my
experience to be asked to improve right of way that is not adjacent to the property I have
developed, that is, the South side of Grandrud.
We have relied on what I believe to be a good faith `agreement in principal' as defined in
a letter dated April 1, 2003 from James C. Hansz, your City Engineer as to the disposition
of Granrud Lane. Based upon that understanding, we have completed construction of
$1.4 million in infrastructure, sold more than half the lots and bonded with the City an
additional amount of approximately $151,000. It seems capricious for the City at this late
date, to begin loading on design standards and increasing our cost, based solely on Mr.
Hansz.' reference to the requirement for City Council ratification.
We are willing to improve the North Right of Way on Grandrud, for its entire length
along the South boundary of Glacier Commons (some 1,300 lineal feet) including roll
curb and gutter, and pavement per Engineer's standard as to subgrade, base course and
asphalt mix. As to the demands for curb and sidewalk plus landscaping, on both sides of
Granrud, it was never in the contemplation of either our company, our engineer or to the
best of my knowledge, anyone at the City of Kalispell. When we were asked to bond the
Granrud improvements, based upon Mr. Hansz' and Mr. Schwarz' agreement in
principal, it was believed that the $153,000 would be more than adequate for the purpose
to which I believe we had agreed.
For all the reasons stated above, we are willing to either; fully improve the North side of
the Right of Way with curb, gutter, sidewalk and reasonable landscaping; or pave and
curb on both sides of the street. Absent an agreement that is substantially in accordance
with Mr. Hansz' and our original understanding, in the final alternative we will simply
forfeit the bond.
Sincerel
r
RIO A IZONA HOLDINGS, LLC
Norman D. Shaw
NDSIjs
GRANRUD LANE PROJECT
OUR PROPPOSAL CITY REQUIRMENTS
1. Pave and rolled curb from
Whitefish Stage to Buffalo Stage $ 225,000.00
2. Eight foot Bike Path from
Whitefish Stage to Buffalo stage
3. Landscape north side only to include
reasonable plantings, sod, sprinkler and
Trees
4. Mise. engineering, staking etc.
$ 130,000.00
RESOLUTION NO. 4711
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
GLACIER MEADOWS SUBDIVISION, MORE PARTICULARLY DESCRIBED AS
ASSESSOR'S TRACT 2 IN THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP
29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Shaw Development, the owner of certain real property
described above, has 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 May 28, 2002, on the proposal
and reviewed Subdivision Report #KPP-02-3 issued by the
Tri-City Planning Office, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission
has recommended approval of the Preliminary Plat of
Glacier Meadows Subdivision, subject to certain
conditions and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular
Council Meeting of June 17, 2002, reviewed the Tri-City
Planning Office Report #KPP-02-3, reviewed the
recommendations of the Kalispell City Planning Board and
Zoning Commission, and found from the Preliminary Plat,
and evidence, that the subdivision is 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 Tri-
City Planning Office Report #KPP-02-3 are
hereby adopted as the Findings of Fact of the
City Council.
SECTION II. That the application of Shaw Development for
approval of the Preliminary Plat of Glacier
Meadows Subdivision, Kalispell, Flathead
County, Montana is hereby approved subject to
the following conditions:
1. Development of the subdivision shall be platted in substantial
compliance with the approved preliminary plat which governs
the number and location of lots within the subdivision, common
areas and roadways.
2. That the roadways serving the subdivision shall be constructed
in accordance with the adopted Design and Construction
Standards for the City of Kalispell for local roads. A letter
from an engineer licensed in the State of Montana certifying
that the improvements have been installed according to the
required specifications shall be submitted at the time of
final plat approval along with a letter from the Kalispell
Public works Department stating that the required improvements
have been inspected and comply with the City standards.
3. That a Certificate of Subdivision Approval be obtained from
the Department of Environmental Quality and written approval
by the Kalispell Public Works Department approving the water
and sewage facilities for the subdivision.
4. A storm water management plan which has been designed by an
engineer licensed in the State of Montana shall be prepared
which complies with the City's Design and Construction
Standards and shall be reviewed and approved by the Kalispell
Public Works Department.
5. That the developer shall obtain written approval for the
proposed approaches onto Whitefish Stage Road and Granrud Lane
by the Montana Department of Transportation, Flathead County
Road Department and Kalispell Public Works Department and any
conditions or improvements associated with the approvals be
completed prior to final plat submittal.
6. That Granrud Lane shall be upgraded to City standards in
accordance with the City of Kalispell's Design and
Construction Standards for urban streets within 24 months of
the approval of final plat of Phase Two.
7. 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
approved by the Kalispell Fire Department prior to final plat
submittal.
8. The developer shall provide a plan for mail service approved
by the U.S. Postal Service.
9. Street lighting shall be
shall be shielded so that
onto adjoining properties.
located within the subdivision and
it does not intrude unnecessarily
10, in consultation with the Kalispell Parks and Recreation
Director, the parkland dedication requirements shall be met
with a combination of land, improvements and, if necessary,
cash in lieu of parkland. A portion of the open space /
buffer area noted on the plat in conjunction with the
relocation of the existing pedestrian path along Whitefish
Stage Road within that buffer area shall be equal to 11
percent of the 27.5 acres in lots or 3.03 acres based on a
valuation of $10,000 per acre. The total value of the land,
improvements and cash in lieu of parkland dedication should
equal $30,250.
11. All utilities shall be installed underground.
12. That the fire access and suppression system comply with the
Uniform Fire Code and a letter from the Kalispell Fire
Department approving the access and number and placement of
fire hydrants within the subdivision shall be submitted with
the final plat. The fire access and suppression system shall
be installed and approved by the fire department prior to
final plat approval.
13. That a minimum of two-thirds of the necessary infrastructure
for this subdivision shall be completed prior to final plat
submittal.
14. That a homeowners association be established for the
maintenance of the common area based upon a pro-rata share of
costs.
15. All areas disturbed during development of the subdivision
shall be re -vegetated with a weed -free mix immediately after
development.
16. That preliminary approval shall be valid for a period of three
years from the date of approval.
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 17TH DAY OF JUNE, 2002.
(�A'A o/\- _--..
Rand enyc�s�—^
council Chairman
ATTEST:
Theresa White
City Clerk