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.
Sincerely,
i
Sean Conrad
Senior Planner
Attachment: Exhibit A (map of preliminary plat)
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