2. Resolution 5495 - Preliminary Plat Extension - Ashley Park Subdivision Phase 9--- - --- - ----- -- -- ---------------------- ---
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PLANNING FOR THE FUTURE MONT"A ...
REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
Jane Howington, City Manager
Planning Department
201 13` Avenue East
Kalispell, MT 59901
Phone: (40� 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
SUBJECT Ashley Park Phase 9 Subdivision -- Request for preliminary plat extension
MEETING DATE: May 1 6, 2011
BACKGROUND: This is a request by Sands Surveying on behalf of their client, Somers Land
Company, the developer of Ashley Park Phase 9, for a three-year extension of the preliminary plat of the
subdivision. Ashley Park Phase 9 Subdivision is 8.8 acres in size and is located at the end of Pintail Drive
approximately 100 feet south of the intersection of Pintail Drive and Merganser Drive. The 8.8 acre
subdivision site is zoned R-4, Residential. The subdivision would create 34 residential lots and was
approved on June 4, 2007 by the Kalispell City Council subject to 27 conditions. On April 5, 2010 the
Kalispell 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 June
4, 2011 to file the final plat. Under current law, this plat is set to expire at that time.
The applicants have requested athree-year extension based on the signing of House Bill 522 into law.
House Bill 522 (copy attached) 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.
Two issues are now before the council. The effective date of HB 522 is October 1, 2011. Ashley Park
Phase 9 expires on June 4, 2011 approximately four months before the new law takes effect. In Iight of
the changing law, staff feels it is reasonable to consider an extension. Even though current law does not
take effect for four more months, it is clear that HB 522 was intended to help the struggling development
community in the state.
Secondly, the applicant is requesting a 3-year extension and staff is currently developing an extension
policy to address HB 522 as part of the planning board's efforts to update the subdivision regulations.
This policy and the subdivision regulations update as a whole are 2-3 months away from council action.
In light of that, staff does support a one-year extension at this time.
RECOMMENDATION: A. motion to adopt the resolution and grant a one-year extension to the
preliminary plat approval for the Ashley Park Phase 9 Subdivision would be in order.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: ATIVES: As suggested by the city council.
Respectfully submitted,
Sean Conrad
Senior Planner
Report compiled: May 12, 2011
Attachments: House Bill 522
Letter of request from Sands Surveying
Vicinity map
Preliirinary plat
c: Theresa White, Kalispell City Clerk
Sands Surveying, 2 village Loop Road, Kalispell, ACT 59901
A RESOLUTION APPROVING A ONE YEAR EXTENSION TO THE PRELIMINARY
PLAT OF ASHLEY PARK PHASE 9, LOCATED AT THE END OF PINTAIL DRIVE
APPROXIMATELY 100 FEET SOUTH OF THE INTERSECTION OF PINTAIL DRIVE
AND MERGANSER DRIVE.
WHEREAS, the city council of the City of Kalispell granted preliminary plat approval for Ashley
Park Phase 9 on June 4, 2007; and
WHEREAS, the city council of the City of Kalispell granted a one-year extension of the
preliminary plat for Ashley Park Phase 9 on April 5, 2010; and
WHEREAS, the 2011 Montana Legislature has approved a change in Montana Lave to allow for
additional extensions to preliminary plats beyond the previous approved one year
extension; and
WHEREAS, Sands Surveying, on behalf of the owner, has requested a three year extension to the
preliminary plat for .Ashley Park Phase 9 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 in addition to the original three year approval; and
WHEREAS, good cause exists for the request for extension by Sands Surveying 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
KALISPELL, MONTANA AS FOLLOWS:
SECTION IR That the application of Sands Surveying for an extension of the preliminary
plat of Ashley Park Phase 9, Kalispell, Flathead County, Montana is hereby
approved for a period of one year ending the 16th day of May, 2012.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR of THE
CITY OF KALISPELL, THIS 16TH DAY OF MAY, 2011.
Tan- mi Fisher
Mayor
Flo, _ _Y� 6
Theresa 'white
City Clem
SANDS SURVEYING, INC.
2 Village Loop Road
Kalispell, MT 59901
406-755-6481
Fax 406-755-6488
T77� E
1,01
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APR 2 5 2011
April 22, 2011
City of Kalispell Planning Department
201 1" Avenue East
Kalispell, MT 59901
Re.- Ashley Park Phase 9
Dear Mr. Jentz;
In light of the recent actions of this legislative session, specifically the imminent signing
of HB 522 which allows for a mutually -agreed upon extension date of preliminary plats,
I would like to apply on behalf of my client, Somers Land Company, a request for a
three-year extension of the preliminary plat. As you know, due to the current economic
conditions, there have been unexpected delays in the financing for infrastructure
construction. Somers Land Company would like to utilize the additional years' extension
to continue to work towards completion of a final plat application for Phase 9.
Thank you for your kind consideration of this extension request. we are available to
answer any additional questions or concerns you or the City Council may have.
Sincerely,
Erica Wirtala, AICP
Sands Surveying, Inc.
62nd Legislature
HB0522
AN ACT GENERALLY REVISING LAWS REGARDING THE LOCAL REGULATION OF SUBDIVISIONS;
AUTHORIZING A GOVERNING BODYTO EXTEND THE APPROVAL OF A SUBDIVISION APPLICATION AND
PRELIMINARY PLAT FOR A MUTUALLY AGREED -UPON PERIOD OF TIME; REQUIRING THE AGREEMENT
FOR THE EXTENSION TO BE IN WRITING; PROVIDING THAT A GOVERNING BODY MAY ISSUE MORE
THAN ONE EXTENSION; AND AMENDING SECTION 76-3--610.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 76-3-610, MCA, is amended to read:
"76-3-610. Effect of approval of application and preliminary plat. (1) Upon approving or conditionally
approving an application and preliminary plat, the governing body shall provide the subdivider with a dated and
signed statement of approval. This approval must be 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 fora mutualiyagreed-upon period of time ,
. Any mutually
agreed -upon extension must be in writing and dated and signed by the members of the governing body and the
subdivider or subdividers agent. The governing body may issue more than one extension.
(2) Except as provided in 76-3-507, afterthe application and preliminary plat are approved, the governing
body and its subdivisions may not impose any additional conditions as a prerequisite to final plat approval if the
approval is obtained within the original or extended approval period as provided in subsection (1)."
Section 2. Applicability. [This act] applies to subdivision applications and preliminary plats approved
prior to [the effective date of this act] and to those approved on or after [the effective date of this act].
- END -
L e- ffislafi ve
Services - 1 - Authorized Print Version - s H B 522
D evision
1 hereby certify that the within bill,
HB 0522, originated in the House.
Chief Clerk of the House
Speaker of the House
Signed this
of
President of the Senate
Signed this
of
HBO522
day
2011.
.-J
, 2011.
Legislative
Services - 2 - Authorized Print Version - H B 522
.��v, iv
HOUSE BILL NO. 522
INTRODUCED BY KARY, SKEES, ROSENDALE, EHLI, LONEY, EDMUNDS, REICHNER, REA❑
AN ACT GENERALLY REVISING LAWS REGARDING THE LOCAL REGULATION OF SUBDIVISIONS;
AUTHORIZING A GOVERNING BODY TO EXTEND THE APPROVAL OF A SUBDIVISION APPLICATION AN❑
PRELIMINARY PLAT FOR A MUTUALLY AGREE DWUPON PERIOD OF TIME; REQUIRING THE AGREEMENT
FOR THE EXTENSION TO BE IN WRITING; PROVIDING THAT A GOVERNING BODY MAY ISSUE MORE
THAN ONE EXTENSION; AND AMENDING SECTION 76-3-61 Q.
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