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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, i x _ _2 01� i `s �` r —g- T -NT KA S i ' L L L i " �.11 I I 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 OWE 126.561 14799'413 Lot 19 -- - - - - - 9,246 Sq�' F 1 \2 -s-HATCW1 NG DENOTgUL00 Q. ZON E � (ARW Of too-YCAP FtLOODt BASE FLOOD ELEVATIONS AND FLOOD HAZARD FACTORS NOT a IFTE FkM1Nr;0) :CAWD fROM FLOOD LLUVRAWCE PLATE MAP 4,OMMUNITY PAN K 300023 1 UZ D. \ � D t6 17 J 0 f5,65TTq— Ft. Lot 11,1445q. F�\ (—&,� hTo n 'fie ii� Lot 15 s k. 9,168 Sq."Ft. Lip 113 -U V1 \Lo� 5 14,4213 Sq. Ft/ / ff���'yy 2 \7,414 Sq. Ft. 0 451J'W\9'C ILI-t; 2 6010 E�FCATEO C: ITY L-42.11' 1-70 V \ . '� I I 4� b; IN aRrElU 1q. \�201 SF'� �10.(Jw L-4. Lot\4 z I 4.0 I N 0 6666wE%-=--1 N�\,201 Sq. 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