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2. Resolution 5526 - Preliminary Plat Extension - Northland Phase 4PLANNING FOR THE FUI'LTRE MONT"A REPORT TO. Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner Jane Howington, City Manager Planning Department 2011" Avenue East Kalispell, MT 59901 Phone: (406) 758 -7940 Fax: (406) 758-7739 vvww. ka lis p e11.com/planning SUBJECT Northlands Subdivision Phase 4 — Request for one-year preliminary plat extension MEETING DATE: September 6, 2011 BACKGROUND: This is a request by 48 North Engineering on behalf of the Bridgeland Development, LLC, the owners of Northlands Subdivision Phase 4, for a one-year extension of the preliminary plat of the subdivision. Phase 4 of the Northland Subdivision includes a 5.8 acre strip of land located south of Four Mile Drive and north of Northland subdivision phases 1-3. The Meadows, North Haven Heights, and Summit Ridge subdivisions make up the eastern boundary of the project. Phase 4 would create 19 single family residential lots and was approved on November 5, 2007 by the Kalispell City Council subject to 23 conditions. In September of 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 November 5, 2011 to file the final plat. Linder current law, this plat is set to expire at that time. The developer has requested the additional 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 -6 10 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. Northlands Subdivision Phase 4 expires on November 5, 2011 approximately one month after 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 is not reflected in the city's subdivision regulations, 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 t1-1 he preliminary plat approval for Northlands Subdivision Phase 4 would be in order. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES -4a, .As suggested by the city council. Respectfully submitted, Sean 'Conrad Senior Planner Report compiled: August 30, 2011 .Attachments.- Letter of request from 48 North Vicinity map Preliminary plat li-00111 Jane Howington City Manager c: Theresa VThite, Kalispell City Clerk Bridgeland Development, LLC, 940 Spokane Avenue, Whitefish, MT 59937 48 North, P.C., 151 Business Center Loop, Ste A, Kalispell, MT 59901 ::':�� is ,X;:.. - '••, s: '., 2 C:. ■ WHEREAS, WHEREAS, the city council of the City of Kalispell granted a one-year extension of the preliminary plat for Northland Subdivision Phase 4 on September 7, 2010; and WHEREAS, the 2011 Montana Legislature has approved a change in Fontana Law to allow for additional extensions to preliminary plats beyond the previous approved one year extension; and WHEREAS, 48 North Engineering, on behalf of Bridgeland Development, LLC, the owner, has requested an additional one year extension to the preliminary plat for Northland Subdivision 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 "E, BE IT RESOLVED BY THE CITY COUNCIL OF KALISPELL, MONTANA AS FOLLOWS: SECTION R That the application for an extension of the preliminary plat of Northland Subdivision Phase 4, Kalispell, Flathead County, Montana is hereby approved for a period of one year ending the 61h day of September, 2012. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALIS PELL, THIS 6TH DAY OF S EPTEMB ER, 2011. Tammi Fisher Mayor ATTEST: Theresa white City Clerk August 25, 2011 City of Kalispell Planning Department Attn: Sean Conrad 201 1 S# Avenue Bast Kalispell, MT. 59901 RB: Northland subdivision Phase 4 Dear Sean: 151 Business Center Loop, Suite A,. Kalispell, .NIT 59901 P) 406.756.4848 • F) 406.756.4849 AUG 2 9 2011 w` Y Jr F�i� i��rl Drp� � f4 3 :•• ii[ i Please consider the following letter as a request on behalf of Bridgeland Development LLC. to obtain an additional one-year extension for the preliminary plat approval of Northland Subdivision Phase 4. On behalf of the letter that was dated July 27, 2011 from the city of Kalispell Planning Department regarding Montana Legislature adopted House Dili 522, it is the request of Bridgeland Development LLc to request this additional one-year extension. This extension is in regards to the Kalispell City council passed resolution no. 5248 approving the preliminary plat of Northland subdivision Phase 4, more particularly described as a 5.8 acre portion of assessor's tract 1 located in Section 1, Township 28 Forth, Range 22 west, P.M.I11., Flathead County, Montana. The timeline extension is being requested due to the economic downturn and the slow down in the housing market. It is our understanding that the developer does have full intensions to proceed forward with final platting prior to the expiration of the extended timeline. Thank you for your time and consideration regarding the requested timeline extension. If you have any questions, please do not hesitate to call me at (406- 756-4848). Sincerely, Brett Walcheck, P.B. President 48 N T l �p P. C. Civil Engineering Services S 1 F-DTION 1 1 1 A PRELIMINARY PLAT OF lei NORTHLAND SUBDIVISION PHASE 4 NE114 NW1/4 SEC. 1, T.28N., R.22W., P.M.N. FLATHEAD COUNTY, MONTANA FOR: BRIDGELAND DEVELOPMENT, LLP DATE: AUGUST 31,2007 TOWNSHIP 28N RANGE 22W ? 4, J�' 77- 1524.59' % �P ' w .sszx is gEoff , . �: I t .r 00 AM 'Leg '�w At cq •4A t]IR a: 7m All. 11,09 r rn I , ak 4rR P�;xy O, o i 2m. �. —w rff t U 60'DITY R,C.w.04.49 0 -,S89 5011 30.0 - --------- LEGEND '4ECIJON LINE PROI'My VIE RrGp;t ()f wAy R.O.W. CENTERLINE C0070UR ;AA,)DR MITMP L11NOR SE47MON 410NUK(CHT 4 LDT CCRIIER V4 SECTION LINEodd' y - L:7 L 'j, a A, oi c; v 041rumz'mmu" ""R' 4, s-, 4Lam,•- - - - - - --- L4 . . - li -x or _711 NQO'49'48'E 52&79 VICINITY MAP 4 FOLM NUc mmm I �N cc j 48 7DTH RESIDENTIAL LOTS ZONING RIGHT OFWAY PARKIDPAINASS SURFACE LOTS = 19 OVERALL SITE = 5.83 ACRES TOTAL = 3.78 ACRES AVG DENSITY = 3.261 ACRE 1,84 ACRES 0.21 ACRES 50 FEET AVG SLOPE = 9.3%, MIN EL 3047.3 C iVilEnaine eHngserviceq SMALLEST = 8,390.95 SF CURRENT = KALISPELL R-4 MAX EL = 3096.5 151 BUSIIVESS'CENTER LOOP, SU17TA LARGEST = 10,801,44 SF PROPOSED = KALISPELL R-3 K4LISFELL, Af01VTAjYA 59901 4196-758.4848 PLOT DATE 9/5/07 �1LE#KPP-07-11 & KZC-07-01 H:\gis\site\kpp07—ll Norfhlemd 4.dwg