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2. Resolution 5421 - Preliminary Plat Extension - PencoPLANNING FOR THE FUTURE MONTANX REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner Jane Howington, City Manager Planning Department 201 1sr Avenue East Kalispell, MT 59901 Phone: (405) 755-7940 Fax: (406) 758-7739 www.katispell.com/planni*n2 SUBJECT Subdivision — Request for one-year preliminary plat extension MEETING DATE: April 5, 2010 BACKGROUND: This is a request by Kirk Penrod, President of Penco, for a one-year extension of a preliminary plat to subdivide the property where the Penco store is located. The property is approximately 3.24 acres and the proposed subdivision would create two lots at 0.85 and 2.39 acres respectively. The subdivision was given preliminary plat approval on June 5, 2007 by the planning department via the waiver of preliminary plat process in the Kalispell Subdivision Regulations. The preliminary plat waiver letter required six conditions and provided an expiration date of April 24, 2010, which was an error and should have been dated June 5, 2010. The 3.24 acre property is located at 2310 Highway 93 South and is zoned B-2, General Business. The property can be legally described as Parcel B of Certificate of Survey 15749 located in the West V2 of Section 20, Township 28 North, Range 21 West, PMM, Flathead County, Montana. The Kalispell Subdivision Regulations, section 2.06. E.7, allows the subdivider to request a one-year extension of the preliminary plat approval deadline from the city council. A one --year extension would give the developer until June 5, 2011 to file the final plat. RECOMMENDATION: A motion to adopt the resolution and grant a one --year extension to the preliminary plat approval for the subdivision would be in order. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the city council. Respectfully submi Sean Conrad Jane Howington Senior Planner City Manager Report compiled: March 10, 2010 Attachments: Letter of request from Penco Vicinity map Preliminary plat c: Theresa White, Kalispell City Clerk Penco, 2310 Highway 93 South, Kalispell, MT 59901 EXTENSIONA RESOLUTION APPROVING A ONE-YEAR PRELIMINARY PLAT OF THE SUBDIVISION OF PARCEL B OF CERTIFICATE OF: SURVEY 15749 LOCATED IN THE WEST / OF SECTIONi ,. INORTH, RANGE 21 WEST, FLATHEAD COUNTY, MONTANA. - WHEREAS, the preliminary plat was waived for the subdivision of Parcel B of COS 15749 (Penco) on June 5, 2007, and WHEREAS, Kirk Penrod, the owner, now desires a one-year extension to the preliminary plat for Parcel B of COS 15749 due to the downturn in market 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 Penrod 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 I, That the application of Penrod for a one-year extension of the preliminary plat of Parcel B of COS 15749, Kalispell, Flathead County, Montana is hereby approved. PASSED AND APPROVED BY TIME CITY COUNCIL, AND SIGNED BY THE MAYOR. OF THE CITY OF KALISPELL, THIS 5TH DAY OF APRIL, 2010. M. Duane Larson Council President ATTEST: Theresa white City Clerk D ECEOVE u a MAR 2010 MUSPELL PLANNING DEPARTMENT March S, 2010 Mr. Thomas R. Jentz City of Kalispell r.3ni.s.ii.i c 201 1"Avenue East Kalispell, Mt 59901 Re: Extension of the waiver of preliminary plat Dear Mr. Jentz The purpose of this letter is to request a one vear extension of the waiver of preliminary plat for subdivision of :Parcel B of CertificaL-e of Survey 5749. Enclosed is a copy of your correspondence to us of March 4, 2010. If you have any questions or request additional information, please feel free to contact me at the above. Sincerely, Kirk L. Penrod, President KLPIal Encl: 1 .011;11___ f City of Kalispell Planning Department 17 second Street East, Suite 2 11 Kalispell, Montana 59901 Telephone: (406) 751- 1850 Fax: (406) 751-1858 Wehsite: kalispellplannin.g.com June 5, 2007 James H. Burton Jackola Engineering P.O. Box 1134 Kalispell, Montana 59903 Re: Waiver of Preliminary Plat Approval -- Parcel B of Certificate of Survey 15749 Dear Mr. Burton: This letter is in response to your request for waiver of preliminary plat for a two lot subdivision of an existing commercial lot located at 2310 Highway 93 South. The site is approximately 3.24 acres in size and contains the Penco Power Products store. The proposed subdivision would create two lots at 0.85 and 2.39 acres respectively. The property is zoned B-2, General Business, which is intended to provide for retail sales and service functions. The existing business is a permitted use and the proposed subdivision would comply with the standards for the B--2 zoning district given that the conditions outlined below are met. The preliminary subdivision is shown on the attached map labeled Exhibit A. The property can be legally described as Parcel B of Certificate of Survey 15749 located in the West 1/2 of Section 20, Township 28 North, Range 21 West, PMM, Flathead County, Montana. Our office can find that the proposed subdivision meets the preliminary plat waiver criteria as provided for under Section 2.08 of the Kalispell Subdivision Regulations. Specifically it meets the following criteria: (1) the subdivision contains five or fewer lots, (2) there is no dedication of streets or public or private parkland, (3) that the lots have legal and physical access conforming to the subdivision regulations, (4) each lot has a suitable building site and there are no environmental hazards present; (5) municipal sewer and water are adequate and in place; (6) that the subdivision complies with the subdivision and current zoning regulations, and (7) that there will be no significant impact on agriculture, agricultural water users, local services or the natural environment. Due to the relatively minor impacts that this subdivision poses, this office grants preliminary plat approval subject to the five conditions outlined below. 1. That the final plat is in substantial compliance with the preliminary plat that was waived. 2. Provide a road design to the Kalispell Public works Department for review and approval. The road design shall include a n1.ni��nurn of 24 feet of a paved driving surface outside of any existing parking spaces, curbs on both sides of the road and sidewalks on the west or south side of the road. The road design shall include the areas within the private road and utility easement as shown on Certificate of Survey 15749. 3. The approved road design required i r. portions of the private road and utility Certificate of Survey 15749. condition 2 shall be installed along the easement currently located on Parcel. B of 4. Provide evidence that the new lot can access the adjacent private road easement and include a maintenance provision for the private roadway. 5. Provide a joint access easement between the two lots for the purpose of access onto the private road and between e�dsting and future parking lots and note such easement on the face of the final plat. 6. This waiver of preliminary plat approval is valid for three years and will expire on April. 24, 2010. Waiver of preliminary plat approval does not constitute approval of the subdivision. Please note that prior to final plat approval all requirements must be met per Chapters 2 and 3 of the Kalispell Subdivision Regulations. if you have any questions regarding this matter please contact me. 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