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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. I� �I � w � w W� al I�U�I I� �I 1Vh�� I�al A�CH�RECT$ ENGWEERS DRAWN S 'UfjeacC09',.^VA1- DATE; 09-03-07 CYAa GLAVmLI CARD FILE it I I WOLFOR I EVELOPMENT INC I U I (PRELIMINARY PLATI FOR PHASE 1 GLACIER TOWN CENTER SHEET 1 OF 3