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CorrespondenceIncorporated 1892 Telephone (406) 758-7700 Douglas Rauthe FAX (406) 758-7758 Mayor Post Office Box 1997 Zip 59903-1997 Bruce Williams City Manager September 1, 1995 City council Members: Gary W. Nystul Thomas R. Bostock Ward I WARDEN, CHRISTIANSEN, JOHNSON Cliff Collins & BERG Ward I P. 0. Box 3038 Kalispell, MT 59903-3038 Barbara Moses Ward II Re: Three Mile Farm Dale Haarr Ward II Dear Tom: Jim Atkinson Ward III On August 7, 1995 the City Council considered a request submitted on behalf of your clients for a one year Lauren Granmo extension of preliminary plat approval on Three Mile Farm. Ward III After discussion, the Council voted to grant the one year Pamela B. Kennedy extension to preliminary plat approval. Therefore, your Ward IV clients have until August 17, 1996 to provide for the installation of improvements required and file the final M. Duane Larson plat. Any further extension may be considered by the Ward IV Council if circumstances warrant. If you have any questions please contact me. Sincerely, NoCArney GN/sh pc: Bruce Williams LAW OFFICES OF WARDEN, CHRISTIANSEN, JOHNSON & BERG 221 FIRST AVENUE EAST P. O BOX 3036 KALISPELL, MONTANA 59903-303B GARY R. CHRISTIANSEN, P.C. July 20, 1995 OF COUNSEL JAMES W. JOHNSON MERRITT N. WARDEN STEPHEN C. BERG TODD A. HAMMER TELEPHONE (406) 755-5535 BRUCE MCEVOY TELEFAX (406) 756-9436 THOMAS R. BOSTOCK KENT P. SAXSY MARK L. STERMITZ 93309.1 PAUL A. SANDRY HEIDI FANSLOW City of Kalispell ATTN: Bruce Williams, City Manager P.O. Box 1997 Kalispell, MT 59903-1997 Re: Three Mile Farm Country Townhomes, Inc. Dear Mr. Williams: On behalf of the developers of the Three Mile Farm County Townhomes project, I wish to make application for a one-year extension of the preliminary plat approval given to the project by the City Council on August 16, 1993. The project consists of a townhouse housing development located between Three Mile Drive and Liberty Street. As originally submitted, the project was to proceed in three separate phases, beginning with Three Mile Drive and extending southward to Liberty Street. Phasing was to occur over a period of three years. According to City Council Resolution No. 4122, preliminary plat approval was granted for a period of one year, i.e., from August 16, 1993 until August 16, 1994. Subsequently, the Council granted a further extension of one year until August 17, 1995. In accordance with Section I of the resolution, it was noted: 112. The preliminary plat is valid for a period of one year. Within that period of time, or as extended by the City, the applicant shall submit a final plat with attachments as required by the Kalispell Subdivision Regulations, to the City for final review and recording. (Note: It is anticipated that the preliminary plat will be valid for three years in light of the proposed phasing program.)" The developers have attempted to sell the project over the past year without success. Continued marketability of the project in its current condition depends upon an extension of preliminary plat approval for the three-year period. City of Kalispell July 20, 1995 Page 2 Therefore, it would be very much appreciated if the City Council would favorably consider this request. Thank you. Yours sincerely, Thomas R. Bostock TRB/smc cc: John B. Dudis, Jr. Alen J. Lerner en M. Neier Brian Woods 0 cll0 IS011 Incorporated 1892 Telephone (406) 752-6600 Douglas Rauthe FAX (406) 752-6639 Mayor Post Office Box 1997 Zip 59903-1997 Bruce Williams City Manager April 13, 1994 City Council Members: Gary W. Nystul Thomas R. Bostock Ward I WARDEN, CHRISTIANSEN, JOHNSON & BERG Cliff Collins P. 0. Box 3038 Ward I Kalispell, MT 59903-3038 Barbara Moses Ward 11 Re: Three Mile Farm Dale Haarr Ward 11 Dear Tom: Jim Atkinson On April 4, 1994 the City Council considered a request Ward III submitted on behalf of your clients for a two year Lauren Granmo extension of preliminary plat approval on Three Mile Farm. Ward III After the discussion, the Council voted to grant a one year extension to preliminary plat approval. Therefore, your Pamela B. Kennedy clients have until August 17, 1995 to provide for the Ward IV installation of improvements required and file the final M. Duane Larson plat. Any further extension may be considered by the Ward IV Council if circumstances warrant. If you have questions please contact me. Sincerely, Glen Nel*fr City Attorney GN/sh pc: Bruce Williams LAW ❑FFICES ❑F WARDEN, CHRISTIANSEN, JOHNSON & BERG 221 FIRST AVENUE EAST P. 0. BOX 3038 KALISPELL, MONTANA S9903-303B March 18, 1994 GARY R. CHRISTIANSEN, P.C. JAMES W. JOHNSON STEPHEN C. BERG TODD A. HAMMER BRUCE MOEVOY THOMAS R. 80STOCK KENT P. SAXBY MARK L. STERMITZ PAUL A. SANDRY City of Kalispell ATTN: Bruce Williams, City Manager P.O. Box 1997 Kalispell, MT 59903-1997 Re: Three Mile Farm Country Townhomes, Inc. Dear Mr. Williams: ❑F COUNSEL MERRITT N. WARDEN TELEPHONE (406) 7S5-553S TELEFAX (406) 756-9436 93309.1 On behalf of the developers of the Three Mile Farm Country Townhomes project, I wish to make application for a two-year extension of the preliminary plat approval given to the project by the City Council on August 16, 1993. The project is to be developed as a townhouse housing development located between Three Mile Drive and Liberty Street. As originally submitted, the project was to proceed in three separate phases, beginning with Three Mile Drive and extending southward to Liberty Street. Phasing was to occur over a period of three years. According to City Council Resolution No. 4122, preliminary plat approval was granted for a period of one year, i.e., from August 16, 1993 until August 16, 1994. In accordance with Section I of the Resolution, it was noted: "2. The preliminary plat is valid for a period of one year. Within that period of time, or as extended by the City, the applicant shall submit a final plat with attachments as required by the Kalispell Subdivision Regulations, to the City for final review and recording. (Note: It is anticipated that the preliminary plat will be valid for three years in light of the proposed phasing program)." The developers are not in a position to submit a final plat for approval at this time, and anticipate the need for the full three-year period in which to do so. In addition, the initial developers contemplate sale of their interest in the project. Marketability of the project in its current condition depends upon an extension of preliminary plat approval for the three-year period. City of Kalispell Bruce Williams March 18, 1994 Page 2 Thank you very much for your consideration of this application. If required, please refer this application through the proper channels. If this matter is to be referred to a workshop committee meeting, I would be happy to attend, and would appreciate notification of scheduling. Also, I would appreciate it if the clerk's office could let us know when this matter will be on the agenda for a regular City Council meeting. Thank you. Yours sincerely, Thomas R. Bostock TRB/smc cc: John B. Dudis, Jr. Alan J. Lerner Incorporated 1892 Telephone (406) 752-6600 FAX (406) 752-6639 Post Office Box 1997 Zip 59903-1997 February 4, 1994 Warden, Christiansen, Johnson & Berg 221 First Avenue East P.O. Box 3038 Kalispell, MT 59903-3038 Attention: Tom Bostock Re: Three Mile Farm County Townhomes Dear Tom: I am in receipt of your letter of December 10, 1993 and your follow-up letter of January 27, 1994. I apologize for the delay in responding to your inquiry. Under Section 76-3-610, MCA a preliminary plat remains: . . in force for not more than 3 calendar years or less than 1 calendar year. At the end of this period the governing body may, at the request of the subdivider, extend its approval for no more than 1 calendar year, except that the governing body may extend its approval for a period of more than one year if that approval period is included as a specific condition of a written agreement between the governing body and the subdivider, according to Section 76-3-507, MCA." It has been the practice of the City to approve plats only for 1 year and allow developers an extension upon application for an additional year. Assuming that past Council action will be continued with regard to Three Mile Farm, I would view the additional year extension as automatic, making the preliminary plat good until August 16, 1995. Because the developers originally intended Three Mile Farm to proceed in phases, a fact at least acknowledged in the Resolution, it would be appropriate to apply for a two year extension. This office does not anticipate that such an application would be viewed unfavorably. If such an extension was granted the developers or a successor could proceed to final plat any time prior to August 16, 1996 and enter into a Subdivision Improvement Agreement for public improvements. Douglas Rauthe Mayor Bruce Williams City Manager City Council Members: Gary W. Nystul Ward 1 Cliff Collins Ward I Barbara Moses Ward II Dale Haarr Ward 11 Jim Atkinson Ward III Lauren Granmo Ward III Pamela B. Kennedy Ward IV M. Duane Larson Ward IV I hope this letter answers your question. If you have further questions please call. Sincerely, �Glen N /i*er City Attorney pc: City Manager FRDO LAW ❑FFICES OF WARDEN, CHRISTIANSEN, JOHNSON & BERG 221 FIRST AVENUE EAST P. ❑. BOX 303B KALISPELL, MONTANA S9903-3038 GARY R. CHRISTIANSEN, P.C. JAMES W. JOHNSON STEPHEN C. BERG TODD A. HAMMER BRUCE McEVOY THOMAS R. BOSTOCK KENT P. SAXBY MARK L. STERMITZ PAUL A. SANDRY Glen M. Neier City Attorney Kalispell City Hall P.O. Box 1997 Kalispell, MIT 59903-1035 January 27, 1994 Re: Three Mile Farm Country Townhomes Dear Glen: OF COUNSEL MERRITT N. WARDEN TELEPHONE (406) 7SS-SS35 TELEFAX (406) 756-9436 93309.1 Please reply to my letter to you of December 10. The project developers are anxious to know whether it is possible to obtain city council approval of an extension of the preliminary plat approval until August 16, 1996. If it is possible, I would like to pursue that as necessary. Thanks Glen for your attention to this matter. Y7ruly, Thomas R. Bostock TRB/smc r GARY R. CHRISTIANSEN, P.C. JAMES W. JOHNSON STEPHEN C. BERG TODD A. HAMMER BRUCE McEVOY THOMAS R. BOSTOCK KENT P. SAX.BY MARK L. STERMITZ PAUL A. SANDRY Glen M. Neier City Attorney Kalispell City P.O. Box 1997 Kalispell, MT LAW OFFICES OF WARDEN, CHRISTIANSEN, JOHNSON & BERG 221 FIRST AVENUE EAST P. 0. BOX 303B KALISPELL, MONTANA S9903-3039 Hall 59903-1035 December 10, 1993 Re: Three Mile Farm County Townhomes Dear Glen: OF COUNSEL MERRITT N. WARDEN TELEPHONE (406) 7SS-SS3S TELEFAX (406) 7S6-9436 93309.1 As I explained to you over the telephone some time ago, the principals in the Three Mile Farm County Townhomes project wish to sell their interest in the project to a new developer. One issue that needs to be worked out is how long they can reasonably expect the preliminary plat approval to last. Resolution No. 4122 approved the preliminary plat for a period of one year, i.e., until August 16, 1994. However, on page 6 of the Resolution, Section I, paragraph 2, the following note appears: "(Note: It is anticipated that the preliminary plat will be valid for three (3) years in light of the proposed phasing program.)" My question is whether there are factors that would affect the three-year window noted above, and if so, what are they? What would be necessary procedurally to obtain city council approval of an extension of the preliminary plat approval for the full three-year period, i.e., until August 16, 1996? The reason behind these questions is that it may take some time in which to sell the project to a new developer. The value of the project depends to a certain extent upon the length of preliminary plat approval. Therefore, your advice on this issue would be appreciated. Thanking you, I am Yours very truly, Thomas R. Bostock TRB/smc cc: Alan J. Lerner John B. Dudis, Jr. T e Cily oi Kalispell Telephone (406) 752-6600 Incorporated 1892 Douglas Rauthe P.O. Box 1997 Mayor Zip 59903-1997 Bruce Williams City Manager September 24, 1993 City Council Members: Gary W. Nystul ward 1 Tom Bostock Warden, Christiansen, Johnson & Cliff Collins Berg Ward 1 221 lst Avenue East Motes Kalispell, MT 59901 Wadr1 1 Re: Three Mile Farm Fred Buck Ward it Dear Tom: Jim Atkinson Ward III This letter will confirm our telephone conversation of this date with regard to the above entitled matter. Lauren Gronmo Ward III This morning Bruce Williams, City Manager; Brian Woods, Zoning Pamela B. Kennedy Administration; Craig Kerzman, Building Official and myself met Ward and discussed a method by which your client Fred Gendler would M. Duane Larson be allowed to build a "model" four-plex on property he is Wardle developing on Three Mile Drive. At the conclusion of meeting it was determined that the City would allow Mr. Gendler to proceed to build one (1) four-plex on the property subject to the following conditions: 1) The City Building Department will issue a foundation only permit upon application. 2) The City Building Department will issue a full building permit for construction of the four-plex once a water line, charged fire hydrant and acceptable all weather road serve the property, subject to the approval of the Public Works Department. 3) Until lots are created the builder must build to the higher standard of both the UBC and CABO. Once the lots are created the builder may utilize the less stringent CABO standard. 4) At this point in time the City is not in a position to grant permits for any more foundations or buildings prior to receipt and review of a Final Plat for Three Mile Farm. After discussing the concerns of the City staff with regard to Three Mile Farm, I believe that the above constitutes the maximum which the City can go at this time. The concessions herein contained will at least allow your client to get a start on construction while he works toward final plat. If you have any questions or concerns please contact me at your convenience. Thank You. Sincerely, ^Ne'er City Attorney pc: Manager Building Official Zoning Administrator Public Works Director Fire Chief ie City of Kalispell Incorporated 1892 Telephone (406)752-6600 Building Depa Hment Fax:(406)755-8017 PO Box 1997 Zip 59903-1997 Craig Kerzman FIL E COPY Building Official Brian Wood Zoning Administrator Dwain Elkins MEMORANDUM Building Inspector Richard "Dick" Fura Building Inspector TO: Bruce Williams, City Manager Tome Jentz, Senior Planner, FRDO FROM: Brian J. Wood, Zoning Administrator 1'2NO DATE: August 5, 1993 RE: Three -Mile Farm Prelim. Plat & r Overlay Following a discussion at this morning'sDevelopme Review Committee meeting, It Is being recommended that t following condition be added to the Preliminary Plat and P overlay zoning. approval: "Prior. the Issuance of building permits, IncludinqS- foundation permits,. . • of approval • -d herein shall be met to the satisfactionof of Kalispell." committeeThe -els that the Inclusion of • • all similar approvals, • . Conditional Use will serve to help the city And developers &like avoid confusion and resultant delays.