07. Resolution 5502 - Mountain Vista Estates Phase 4 Preliminary Plat ExtensionPLANNING FOR THE F[JI'URE M01ff"A .Z A
REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
Jane Howington, City Manager
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758--7940
Fax: (446) 758-7739
www.kalispell.com/planning
SUBJECT Mountain Vista Estates Phase 4 Subdivision — Request for one-year preliminary
plat extension
MEETING BATE: June 201, 2011
BACKGROUND: This is a request by the managing members of Touchstone, LLC, the owners of
Mountain Vista Estates Phase 4 for a one-year extension of the preliminary plat of the subdivision.
Mountain Vista Estates Phase 4 is approximately 7.6 acres in size and is located on the north side of
Three Mile Drive approximately one-half mile west of Stillwater Road. It abuts the easterly boundary of
Mountain Vista Estates Phase 1, a city subdivision that received final plat approval in August of 2006.
Spring Creek makes up the northern and easterly boundary of the subdivision and the project is just north
of the Cottage Gardens subdivision. The property can be legally described as Assessor's Tract 1 BFA
located in Section 2, Township 28 North, Range 22 west, P.P.M., Flathead County.
The subdivision would create 19 residential lots and was approved on August 6, 2007 by the Kalispell
City Council subject to 27 conditions. On June 21, 2010 the city council approved a one-year extension
of the preliminary plat in accordance with section 2.06.E.7 of the Kalispell Subdivision Regulations. The
one-year extension gave the developer until August 6, 2011 to file the final plat. Under current law, this
plat is set to expire at that time. The applicants have requested the one-year extension because of the
adverse economic conditions on the residential real estate market and the signing into law of House Bill
522.
House Bill 522 amends section 76-3-610 M.C.A allowing a subdivider to request an extension of the
preliminary plat beyond the initial three year approval date and one-year possible extension. The Bill
permits the city council to extend its approval of the preliminary plat for a mutually agreed -upon period of
time.
The effective date of HB 522 is October 1, 2011. Mountain Vista Estates Phase 4 expires on August 6,
2011 approximately two months before the new law takes effect. In light of the changing law, staff feels
it is reasonable to consider an extension. Even though current law does not take effect for three more
months, it is clear that HB 522 was intended to help the struggling development community in the state.
RECOMMENDATION: A motion to adopt the resolution and grant a one --year extension to the
preliminary plat approval for Mountain vista Estates Phase 4 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
Deport compiled: June 14, 2011
Jane Howington
City Manager
.Attachments: Letter of request from. Touchstone, LL
Vicinity map
Preliminary plat
CO, Theresa White, Kalispell City Clerk
Touchstone, LLC Attn: Phil Neuharth, Jr., David J. Walker, 135 West Idaho, Suite B, Kalispell
PRELIMINARYIL RESOLUTION APPROVING A ONE-YEAR EXTENSION TO THE
[�LAT OF MOUNTAIN VISTA ESTATES PHASE 4, LOCATED ON THE NORTH SIDE
1*F THREE MILE DRIVE
;WTILLWATER ROAD.
WHEREAS, the city council of the City of Kalispell granted preliminary plat approval for
Mountain Vista Estates Phase 4, more particularly described as Assessor's Tract
1 BFA located in Section 2, Township 28 North, Range 22 West, P.M.M.,
Flathead County, Montana on August 6, 2007; and
WHEREAS, the city council of the City of Kalispell granted a one-year extension of the
preliminary plat for Mountain Vista Estates Phase 4 on June 21, 2010; and
WHEREAS, the 2011 Montana Legislature has approved a change in Montana Law to allow
for additional extensions to preliminary plats beyond the previous approved one-
year extension; and
WHEREAS, Touchstone, LLC, owner of the property, has requested an additional one-year
extension to the preliminary plat for Mountain Vista Estates Phase 4 due to
economic 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; and
WHEREAS, good cause exists for the request for extension 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
IALISPELL, MONTANA AS FOLLOWS:
SECTION I. That the application for an extension of the preliminary plat of Mountain
Vista Estates Phase 4, Kalispell, Flathead County, Montana is hereby
approved for a period of one year ending the 20th day of June, 2012.
PASSED AND .APPROVED BY THE CITY COUNCIL .AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 20TH DAB'' OF JUNE, 2011.
Tammi Fisher
Mayor
ATTEST:
Theresa White
City Clerk
June 3, 2011
Kalispell Planning Dept.
201 l "Avenue East
Kalispell, MT 59901
Re: Subdivision Extension Request
Dear Torn,
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Given the current economic climate we find ourselves working in, we, the members of
Touchstone, LLC respectfully request a two year extension of our preliminary plat of
Mountain vista Estates, Phase 4 in hopes that the local economy will improve and permit
our project to move forward.
Than: you and we appreciate your cooperation in making this opportunity happen.
Sincerely,
J. Walker
Phil Neuharth
Members of Touchstone, LLC
755-6789
DWNERIFOP.-- TOUCHSTONELLC Preliminary Subdivision Plat of
PURPDX; SU8DIV1510N MOUNTAIN VISTA ESTATES PHASE 4
DATE; MAY 7, 2007 SE 1/4 of the SW1/4, Section 2, T28N R22W, P.M., M.
Flathead County, Montana
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