04. Resolution 5537 - Preliminary Plat Extension - Glacier Town CenterREPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
Jane Howington, City Manager
SUBJECT Glacier Town Center Phase 1 — Request for one-year preliminary plat extension
MEETING DATE: December 5, 2011
BACKGROUND: This is a request by Ken Kalvig on behalf of Wolford Management, LLC for a one-
year extension of the preliminary plat for phase 1 of Glacier Town Center. Phase 1 includes 191.6 acres
which would be divided into 37 lots, 36 of which are commercial lots and one lot for a future community
center. The lot sizes range from 1 acre to 39 acres. Phase 1 was approved in January of 2008 by the
Kalispell City Council subject to 23 conditions.
The Glacier Town Center Subdivision is approximately 485.5 acres in size and includes commercial and
residential development. The 485.5 acre site spans the distance between Highway 93 North and
Whitefish Stage Road. The property is generally bounded by Glacier Memorial Gardens Cemetery, the
Stillwater River, West Reserve Drive and Semitool along its southern boundary, Highway 93 North along
its western boundary, Whitefish Stage Road along its eastern boundary and a combination of land owned
or within the state, city, and county along its northern boundary. Phase 1 is located in the western half of
the 485.5 acre project site along Highway 93 North.
In November 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 January 22, 2012 to file the final plat. Under current law, this plat is set to expire at that
time. The applicants have requested an additional one-year extension based on 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.
House Bill 522 became effective October 1, 2011. The current subdivision regulations do not reflect this
state law change. In light of the changes in state law, staff feels it is reasonable to consider an extension.
RECOMMENDATION: A motion to adopt the resolution and grant a one-year extension to the
preliminary plat for Phase 1 of the Glacier Town Center Subdivision would be in order.
FISCAL EFFECTS: Positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
A/
Sean Conrad V//Jane Howington
Senior Planner City Manager
Report compiled: November 30, 2011
Attachments: Letter of request from Kalvig & LeDuc, P.C.
Vicinity map
Preliminary plat
c: Theresa White, Kalispell City Clerk
Wolford Management, LLC, Attn: Chad Wolford, Brabson Place, 412 Georgia Ave, Ste 200,
Chattanooga, TN 37408
Kalvig & LeDuc, P.C., Attn: Ken Kalvig, P.O. Box 1678, Kalispell, MT 59903
WHEREAS, the city council of the City of Kalispell granted preliminary plat approval for Glacier
Town Center Phase 1 on January 22, 2008; and
WHEREAS, AS, the city council of the City of Kalispell granted a one-year extension of the
preliminary plat for Glacier Town Center Phase 1 on November 15, 2010; and
WHEREAS, Wolford Management, LLC, the owner, has requested an additional one-year
extension to the preliminary plat for Glacier Town Center Phase 1 due to economic
conditions; and
WHEREAS, good cause exists for the request for extension by Wolford Management, LLC 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
AS FOLLOWS:
SECTION I. That the application of Wolford Management, LLC for an additional one-year
extension of the preliminary plat of Glacier Town Center Phase 1, Kalispell,
Flathead County, Montana is hereby approved.
Tammi Fisher
Mayor
Theresa White
City Clerk
JOHN B. DUDIS
BRUCE A. FREDRICKSON**
KEN A. KALVIG
ANGELA M. LEDUC*
MARSHALL MURRAY
(of counsel)
ATTORNEYS AT LAw
Southfield Tower
1830 31d Avenue East, Suite 301
Kalispell, MT 59901
November 21, 2011
Thomas R. Jentz
City of Kalispell — Planning Department
201 First Avenue East
Kalispell, MT 59901
Our Client: Wolford Development Montana, LLC
Matter: General Rep.
File No.: 005.000
Re: Glacier Town Center
Dear Tom:
P.O. Box 1678
KALISPELL, MT 59903
PHONE: 406-257-6001
FAX: 406-257-6082
ALL ATTORNEYS LICENSED IN MT
'ALSO LICENSED IN NEVADA
ALSO LICENSED IN NORTH DAKOTA
Via Hand Delivery
I am following up in response to your letter of October 21, 2011. Wolford Development
does request the preliminary plat for Glacier Town Center, Phase 1 be extended for one year past
the initial three-year approval date, pursuant to M.C.A. §76-3-610 as amended by House Bill 522.
If you need anything further to process this request, please let me know immediately.
Thank you.
Sincerely,
(ze_�L
Ken A. Kalvig
ken@lcalviglaw.com
cc: Wolford Development
H:\W\Wolford\Glacier Town Center\LettersVentz I1-18-201 Ldoc
LAND SURVEYOR WILL BE SECURED Preliminary Plat for Phase I of G LAC i E R T-0 VVN CENTER
AND UTfL=D TO COMPLETE
FINAL PLATS.
LEGAL DESCRIPTION
I' �fnndr""no" orFWud�ldfovanit
As 04aBed In Commlanent For 77C. I -ran.
Issued by: Chicago Tlie lrne- Company
Order. NMmber. CG46420
Effective Date: Much 14,2007 at 8:00 AM.
A bad offend Icaad In S.ctons 19 8 30. Tawmhip 29 North, Range 21 West,
PA". Rathaad County, Montana, mom pa+taulady desert W d as foll-
eeffitdm al the ro thn ssl comer of Section 30. Tamihlp 29 North, Range 21
West. PAA,M, Flathead County. Moe.; thence along the north Inc or said
Section 30, North,.4 ' West, 687.81 I. to the road lcanerof Man
parcel deaolbed In Document No. 200436509500, records of Flathead c ty,
Montane thence slap the west Oro of veld puW, arw -0wing along Newest
11 ofthat op-ldosoibed M.D..-tNo.200221914230.w,.d..LFbtbead_
County, Montwur. Sarth GO' ,2 "- East 1324.27 feet to the southwest Woner of
the If. edesWbed parcel.. the noM 11ne.1 Me Southeul Duarte, of the
NoMaasl QlNrlu of the above saw Section 30; thence along the south Pro of
said parcel and the I. 9ne oI mid Wliquol part. South 8S`4Z14• East 687.92
feet to the northeast ,nonce of the Southeast Dueler of the Northeast Gu Werof
said Sedbn 30; thence along the east ine of sold aliquot part, South 00.13L2•
East 1323.95 feet o the soetheast -thereof, then along the south line d
said t, Nort Wkubl part 89.47I8' West 30.00 feet us the wesluly iighta4way I,.
of VAdtellah Stage Road, a aisty root wide Dede W Camty Road; thence efong.
n
ore a a9a b oeyan.o,uq..-.--figb oad,rvare u;3 rwM;t
103235 reef o the nonheaal comer o(uw parcel described In Doan rrnt No.
90/9616340, records or Flathead( ty,MoMav;Ih-.long.-Onfirof
sad p-1, SMh 89'DTig' West 7a99 fe.l to the natmmt comer of sew
pormt Inane stony the -9 one of said par1 cel, S-1100'12 Eas11011,47
red,
et" tN south WN of the abwa- ofd Scutuast Duarter of tM Nortr..I Duane
of Section 30; th.-.long the south fine of said aliquot part, North 89'4718'
West 66743 reef to the a .st cameo( tine Scutlmaal Quarter of the
NoM ..aQueter of the ab-ld Section 30, then along Me se uth 9ne of
$42." pad, North a9-41'29' West 993Z feel to the northwest arced that
parcel described in Docomem No. 9407612280,,..ds of Flathead C- y,
Montane; ate- Wong the west fine of eald p-M, South OW1571' Eest 132429
lest to Me w Um,at oamar of that parcel dewW W In Dooamem No.
M30603100, records of Flathead County, Montana: thence ebng the west Eno of
aad Paul. South 00-1621- East 120433 test o a DON m Ind nodherW
fight-.14M I. of West Reserve On. (Montano Highway Prej.ct No. RS
548.1(2)4): then along sold dphlaFway ine of said West Reserve Drive, North
a9'H'17' West 330.ab feel to a print on the westllne of the Stuthwosl Q=.- _
the Southwest Quarter of the ab-sand Section 30; the - along said out Bne of
sad suqua put, NoM OD-15'40- Wart 694.72 feel to Me noMeul cane of thM
parcel described In Don.nent No. 20D119 WII% remNe of Fluns" County,
Monte-; Ear- slong the north fine .1 sold parcel. North 89'44'43- West 1383.36
th IMt to e -
pp -Inure. thread of M. SWweNr W.I. IN- along saw Wood of
said StIf ter RN., Me fogavMg ten(10)raw.es;
.AhN �4>:rib'3`:Nlsr;.JGd9dot4.lWiS3YJ33':76YfK5fil4daq`
South W42'04 Wes1291.30 (ear. South 75'300r West 128.15 root
North 65'32'34' West 100.35 feat NoM 01'o7'27- East 92.74 feet',
North 46'20'43- East 191.54 feel; North 14-48'53' East 12229 feet
North 12'1V01' West 142.46 foot and Nast 22'22'0,' Wea1285.551sot
maccl-;WinerwMocaloaryb,lwvemMeia h I, 11 wloove-aildseivon
30; thence along said north b..dW .ry of d Gamrnme d Lot 4, South 89'43103'
East a des- of 516.5 feel 1. M. -0-emu of the N.M.st araner d
U. S-0 ..I Cued. aaald S..W. 30'. M- along the wart Ilse.(.aid
Aqud pad. North 00'237
8' West. dsbn of 132U9 feel toast sodh-t
camel of __pat Lot 2 of said Section 30; llh a thong the south 6ne of pad
Govem n.nl Lot 2, Nalh 89.42'28' Wu1933M feel to M s-4 hasal came of
Mot parcel deeafb.d 4. Doeumen! No. 20D323114280, records of FleNaed
County, Montana: Ma-sbrg the south Una of uld pared, North 8964228' West
319M red to the.asady dghtoHvoy Ions cl U.S. H fgh-y No. 93 (Nylnny
projectFS-0(32)l15): Ihenalong taw euady rlght-o a line of uld Nplrway
the following lour auases; North 04'2958' Ent 189.11 Net North 00'11'13" Earl
340.08 feet North 04 No.34'11' West 60.20 feet: era Nara m'11'13' East 1,.62 feel
Jos
point on the south Ilne of that peal d-fbad In Docmnant No. 90008'am,
records of Flathead County. Montane: then conliedng eon the eaatedy
d9ht-of-way of sold U.S. Kg?-y 93 the blowing three aaovu:
Nosh 01VIV13' East S.
feet, Nth 13'3613'Wes141.31 feet. and North
W'11'13' East 591.75 fat to the no'n"" "noel a ON feel abase fed pamet
thence aMlnuhg a" sew -tufy bound" .1sald highway, dghla y, Noah
_aclo,% %EseLbA.l tl-ulnalbe.av G.o,N.Orowmawrncupt.rltbaablvaul"
F,.tdarh 3D; the- conlinulrg In said Gwemmmil Ld 1, tvouph No courses
Won the chow said aril houndor, of US, ftt-y 93 right-0- .
NorthOVIVIW E.st 164.00 feet North 14'13'23' East 61.85 het
NoM 00'11'01' East 94D.05 feet North 13'5595 W.el 61M fast
-a""otO 114icra6190,P.OJ1eL�rwapW4oHmaedhhu,alAlne'mwaa'e1v
G-t lot 1; M.n. Yong sold north in. of Bald Gavammant Lot 1, Saute
89'41'25' East 1237.84 Net to the -M-t same of "I parcel .noon as Tray
6 on CeMate of Suh,4y No. 4491, Records of Ffethesd County, Monand:
then cmlw utg In Secion 19. Township 29 North, Rnge 21 West, P.M,M..
rfdolaao t:6nry, AfdrtartW W,o adrp cos can NU a Feld 1 Fora 6,Ndnh'u0'333'T'
Walt 660.25 (sat Inthesouctmeat comar of that parcel sfi-n as Tract
ven5 m the
ehnald CedsuN a Survey Nc. 4491; there." the test ine of said Tmd
6. North 00'33'31' WeM 660.25 feel o the foulhwesl comer of that parcel a-
ss
Tract6mateaL--AdCu#I1 Nof Survey Nc.4491;thence lib% the
south Eno of said Tract 8, South 89'48'02' East 1327.80 feel to a pdnl m the
west line of 01e Southwest Quarter of the Southeast Duanerof saw Section 19;
thenra .lag raid pawl an. of aid eliquot phi, N- W-Wor West SAS foul to
a point on the north Ns of old aliquot part the- along the north Bne of sold
aliquot can. cad along the WAh line of that fracl of fund shown on Certifiare of
Survey No, 3813, records of Runood Carry, Monts-, South 80,539E Eat
1377.15 fal to the west Eno of that parcel loathed In Dc-ul No.
9115514510, fe.tds of Flathead C- y, Mats.; Iheoce aon sad wahine of
said Parcel, South 00'1754-Watt- 34.20 feel ogel southwest. thereof',
_Me- WONthe south In. of.61-celsodcnaiadgcaLoga,baecutU.gronr
IMI parcel described In D--nl No. 200221414500, records of FI.Mou
amry, Monte.. cSouth 89-52'49- East, 1272.60 feet to the sae tine of the
South.astOu,Nr of the S-aaf Quarles of the at -...Id S.16-19; then.
along the cast 91e of old al{quot pan, South 00`3731' East 1303.19 feel to the
or WMLAnaWh%ny.
The esledor boundary furreundn Tree"
1 Moogh 11, as described abovo,
.ncor.4-. 485A81 aces cl land.
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CYAa GLAVmLI
CARD FILE
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I WOLFOR I
EVELOPMENT INC
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(PRELIMINARY PLATI
FOR
PHASE 1
GLACIER TOWN
CENTER
SHEET
1 OF 3