Staff Report/Preliminary Plat ExtensionREPORT TO:
FROM:
ail :��)M�31 a
City of Kalispell
Planning Department
17-2nd Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
James H. Patrick, City Manager
Village Heights Subdivision - Request for one-year preliminary
plat extension
MEETING DATE: November 7, 2005
BACKGROUND: This is a request by Sands Surveying on behalf of their client, Kal-
Mont Dairy Farm, for a one-year extension to the preliminary plat of Village Heights
Subdivision. This subdivision creates four townhouse lots consisting of four two unit
townhouses located on the east side of Village Loop north of West Evergreen Drive.
The preliminary plat was approved by Resolution #4712 for a three-year period. The
subdivision has generally languished and the final plat for the subdivision has not
been filed. The three year approval period ended in June of 2005 and it was an
oversight that an earlier extension request was not made. The surveyor is therefore
requesting a one-year extension for the approved preliminary plat at this time or until
June 17, 2006.
Section 2.05D(7) of the Kalispell Subdivision Regulations does allow the applicant to
request and the Council to grant a one-year extension to the original 3 year approval
time. The courts have found that the governing body may extend preliminary plat
approval within a reasonable time following the expiration of the original approval
period. A gap of a reasonable length between the expiration of the original approval
and the granting of an extension does not result in a lapse of the approval (Oldenburg
v County of Flathead, 1984).
RECOMMENDATION: A motion to grant a one-year extension to the preliminary plat
approval of Village Heights Subdivision until June 17, 2006 would be in order.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: __ _ _ As suggested by the city council.
Village Heights Preliminary Plat Extension
November 1, 2005
Page 2
Respectfully submitted,
Narda A. Wilson
Senior Planner
Report compiled: November 1, 2005
C:4a;m;�es H. Patrick
City Manager
c: Theresa White, Kalispell City Clerk
Sands Surveying, 2 Village Loop, Kalispell, MT 59901
Attachments: Letter of request from Sands Surveying
Resolution # 4529
Citation
Vicinity map
Preliminary plat
TRANSMITTALS/2005/VILLAGE HEIGHTS EXT MEMO
SANDS SURVEYING, INC.
2 Village Loop Road
Kalispell, MT 59901
406-755-6481
Fax 406-755-6488
October 10, 2005
Kalispell City Planning Office
211 Second Avenue East
Kalispell, MT 59901
RE: Village Terrace Subdivision
Dear Narda:
Due to unforeseen circumstances, the preliminary plat approval for the above -mentioned
subdivision has expired. We would like to ask the City Council to extend the deadline
for one additional year. Most all of the improvements have been completed and it
shouldn't be too much longer before the final plat will be submitted.
Thank you for your kind consideration of this request.
Si erely,
ca Wirtala, Planner
RESOLUTION NO. 4712
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
VILLAGE HEIGHTS SUBDIVISION, MORE PARTICULARLY DESCRIBED AS TRACT
5 OF SECTION 32, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA.
WHEREAS, Kal-Mont Dairy Farm, the owner of certain real property
described above, has petitioned for approval of the
Preliminary 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 Preliminary Plat Report #KPP-02-1 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
Village Heights 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-02-1, 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-02-1 are
hereby adopted as the Findings of Fact of the
City Council.
SECTION II. That the application of Kal-Mont Dairy Farm
for approval of the Preliminary Plat of
Village Heights 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.
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 AlFrovements have been i.nsta .d 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.
S. That the developer shall obtain written approval for the
increased impacts to the existing approaches onto Whitefish
Stage Road and West Evergreen Drive from 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 Village Loop shall be upgraded to City standards in
accordance with the City of Kalispell's Design and
Construction Standards for urban streets.
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 located within the subdivision and
shall be shielded so that it does not intrude unnecessarily
onto adjoining properties.
10. The parkland dedication requirements shall be met with cash in
lieu of parkland equal to 11-percent of the 1.83 acres in lots
or 0.20 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 $2,000.
11. All utilities shall be installed underground.
12. That the fqp access and suppression MWem 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. All areas disturbed during development of the subdivision
shall be re -vegetated with a weed -free mix immediately after
development.
14. 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 OF THE CITY OF KALISPELL,
THIS 17TH DAY OF JUNE, 2002.
(Avo�—
Randy e yo
Council Chairman
Theresa White
City Clerk
;t" determination in
f
3 S` vision.]
to address all of the review
ring body acts beyond its
>ody may not ignore its own
'ounty Commis, 287 Mont.
,ould apply if the governing
:eria contained in section 76-
express findings regarding
the proposed subdivision's
n the governing body to the
indings but only summarizes
gin v. Flathead County, 293
Dal Operating Rules the Act
hat a town's governing body
conform to the goals of the
:alth, safety, and welfare of
ze preliminary subdivision
liver R.V., Ltd. v. Town of
it, ry section 76-3-608,
y approve, or disapprove a
To. 24 v. Board of County
ssues written finding of fact
8(3), MCA, nor notifies the
)uld not meet as required by
,ursued its authority and the
to the governing body for
s and Clark Co., No. CDV-
rider denying a subdivision
iteria set forth in section 76-
on rather than reiterating the
Vergin v. Flathead County,
Internal Operating Rules the
[d7oes
Term and Extension of Preliminary Plat Approval
er section 76-3-610, MCA, the governing body may extend preliminary plat approval
a reasonable time following the expiration of the original approval period. A gap of a
ble length between the expiration of the original approval and the granting of an extension
t result in a lapse of the approval. Oldenburg v. County of Flathead, 208 Mont. 128, 676
8 (1984).
governing body is authorized by section 76 3-610(1), MCA, to establish the term of a
preliminary plat approval within the statutory minimum and maximum of one and three years.
Letter opinion to Jim Nugent, Esq., January 12, 1984.
The term of the approval of a preliminary plat is determined by reference to the statutory term
limitation that existed at the time the approval was granted. Letter opinion to Jim Nugent, Esq.,
January 12, 1984.
Under section 2-9-111, MCA, a county and board of county commissioners are immune from
suit for negligence in the administration of the Act and local subdivision regulations in connection
with the approval of a subdivision. W.D. Construction, Inc. v. Board of County Commis, 218
Mont. 348, 707 P.2d 1111 (1985). [Note: This decision has been superseded by 1991
amendments to section 2-9-111, MCA, which now grants local governments immunity from suit
for legislative acts only.)
1. - • 1 • • • • • • . • • 1
A governing body may not delegate the approval, conditional approval, or disapproval of
subdivision plats to a planning board or a planning board's staff. 41 Op. Att'y Gen. No. 64
(1986).
Under section 76-3-608(3), MCA, the governing body must, itself, consider the subdivision
review criteria contained in section 76-3-608(3), MCA, and issue written findings of fact weighing
these criteria. It may not delegate this responsibility to its planning staff. Melugin v. Stoll -
Anderson, Lewis and Clark Co., No. CDV-93-1009, 1994.
The 15-day notice requirement of section 76-3-605(3), MCA, is mandatory, and the giving
of even one day less notice than required is inadequate and invalidates the hearing process. The
doctrine of "substantial compliance" is inapplicable to this notice requirement. Friends of Bull
Lake, Inc. v. Board of County Commis, Lincoln Co., No. DV-95-12, 1996.
A subdivision review and approval carried out in violation of Montana's open meeting law
(section 2-3-203, MCA) is invalid. Board of Trustees, Huntley Project School Dist. No. 24 v.
Board of County Commis, 186 Mont. 148, 606 P.2d 1069 (1980).
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VICINITY MAP
KAL-MONT DAIRY FARM
PRELIMINARY PLAT (VILLAGE _HEIGHTS) AN 8 LOT TOWNHOUSE SUBDIVISION ON 2.433 ACRES
RA-3, RESIDENTIAL APARTMENT / OFFICE r'
CITY OF KALISPELL ZONING JURISDICTION
FILE# KPP-02-1 SCALE 1" = 250' �� � kpp02_A-clwg
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