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01. Resolution 5555 - Preliminary Plat Extension - Ashley Park Subdivision Phase 9REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner Charlie Harball, Interim City Manager SUBJECT Ashley Park Phase 9 Subdivision — Request for preliminary plat extension MEETING DATE: April 16, 2012 BACKGROUND: This is a request by Somers Land Company, the developer of Ashley Park Phase 9, for a two-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. The city council approved another one-year extension of the preliminary plat in May of 2011 which is scheduled to expire in just over one month. With the impending expiration of the preliminary plat next month, the developer has been given five years to file for a final plat and complete the subdivision. Pursuant to section 28.2.06.E.7.b of the Kalispell Subdivision Regulations, if a final plat has not been filed at the end of the additional 2 year extension period, the owner may appeal to the city council in writing for one final extension not to exceed two years provided the letter documents the following: i. The existence of an unusual hardship. ii. That a significant public good would be accomplished through the extension as opposed to a specific economic hardship related to the owner. That there are no changes to the immediately abutting properties that would be adversely affected by the approval process; and iv. Because of the lapsed time since original approval, that the preliminary plat is not in conflict with recently changed policies or regulatory schemes adopted by the city that would be undermined by the further time extension. The letter from Dennis Carver, President of the Somers Land Co., has addressed each of the four criteria above. Should the city council agree with Mr. Carver's written response to the four criteria the council may grant the extension for up to two years. This would be the final extension permitted under the subdivision regulations. If the developer fails to complete the necessary conditions to receive final plat approval from the city council in the next two years there is the option of resubmitting a preliminary plat application for review and approval. RECOMMENDATION: A motion to adopt the resolution and grant a final two-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: As suggested by the city council. Respectfully submitted, Sean Conrad Charlie lHar� all Senior Planner Interim City Manager Report compiled: April 9, 2012 Attachments: Letter of request from Somers Land Co. Vicinity map Preliminary plat c: Theresa White, Kalispell City Clerk Somers Land Co., 1995 3d Avenue East, Kalispell, MT 59901 INOW''11 R"119=12 1, 11 A RESOLUTION APPROVING A TWO 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 another one-year extension on May 16, 2011; and WHEREAS, Sands Surveying, on behalf of the owner, has requested a two year extension to the preliminary plat for Ashley Park Phase 9; and WHEREAS, Section 28.2.06.E.7.b of the Kalispell Subdivision Regulations states that if a final plat has not been filed at the end of the additional two-year extension period, the owner may appeal to the city council in writing for one final extension not to exceed two years provided certain conditions are met; and WHEREAS, Sands Surveying has met the certain conditions and it is in the best interests of the city that the two-year 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 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 two years ending the 16 th day of April, 2014. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 16TH DAY OF APRIL, 2012. Tammi Fisher Mayor Theresa White City Clerk Mar 21 12 09:49a Dennis and Tami Carver 4062571064 p.1 Somers Land Co. _. 199S 3rd Avenue East Kalispell, MT 59901 March 21, 2012 Thomas R. Jentz, Director (fax 406-758-7739) Planning Department 201 151 Avenue East Kalispell, MT 59901 i1- With this letter, I request a 2-year extension of the preliminary plat of Ashley Park, Phase 9. Documentation as requested: 1. Unusual hardship of course is result of the ongoing recession, with probably results in zero opportunity to sell any residential vacant lot property. All preliminary and final engineering have been completed at considerable expense. 2. Ashley Park in its entirety has offered a very beneficial housing opportunity for moderate to low-income individuals and families. All utilities have been constructed to the edge of the residential site. 3. I know of no changes to the abutting properties that would be adversely affected by the approval process. 4. I do not know of any recently changed policies or regulatory schemes adopted by the city that would be undermined by further time extension. Somers Land Co. Dennis Ca r, President 406-253-92 1(cell) 6 OUNI AG-40 1=% A F - I 3 III m- COUNTY E'A PLI SE 13 VICINITY MAP SCALE 1" - 600' SOMERS LAND COMPANY/ASHLEY PARK, PHASE 9 ANNEXATION & INITIAL ZONING OF R-4, TWO FAMILY RESIDENTIAL, AND 34 LOT (10 SINGLE FAMILY & 24 TOWNHOUSE LOTS) ON APPROXIMATELY 8.8 ACRES PLOT DATE 4/3/07 FILE# KA-06-15 & KPP-06-16 H:\gis\site\k&06-15.dwg By. SANDS SUHVEYING3 far- 2 Village Loop K2awl , MT 59901 (406) 755-6481 JOB No: 225007 (10175.dwg) DATE April 2, 2007 FOR/OWNER.- Somers lard Company Total Area: 8.818 Ac. S.F. Lots (10): 2.437 Ac. Duplex Lots (24): 3.220 Ac. Roads: 1.699 Ac. Open Space: 1.391 Ac. Utility Site: 0.071 Ae. Preliminary Plat ofi Ashley Park, Phase 9 In the SW1/4SE1/4 of Section 19, T.28N., R.21W., P.M.,M., Flathead County, Montana SCALE : 1' - 50' 50' 25' 0 56, 100, (PLAT OF AS PARK E 7) ut-ip Si --- 1t39---- \ _—_------ ..r--� �` ^� _ _.. �13� L 'v 2b; - _ 20 s w. s",=?,.�m D 187 odes 6,Q99:\. L, 6,669 c9. L ♦ 19 9,577 L T - mw. { 0.152 aeaes'. \0.153 apes \ 17 211 It. L \ 0393 saes 0.2TA �m - ,-s3.v F \\ -� IL781 s7.t 01A8 . ♦ __ $ { { 11B22 �. \♦ �^� b 0.183odes v �v 9,W 1.1 s1M007 \ 18 ,+ \\ 10,113 It. IL \ ozl2 ads \ � �, � _� Mallard Drive (6i' Has1 a IItHiq Ease�eas1 �� ♦ _ fix r � (COS 10829) `\ �MHi18rd Co1R't vvv 'ice 117 581 q.H�d� uriury>:;,.amy uz,� A \\ 0.172'aaei'—' 3'W 71_7.L P165 aexn 3B 16 v♦\ �� � ., J 510.4. L 1(fli r � 4,T 108 a •�,11,95:i w, L 14 i 13 ♦♦♦ `\� `� ",�\ :0.274 *MI100,3f0 saaesl , \ 'v p,24i oars _64A L `♦ �'` 1 — 0.100 ♦ _ � °tr: -.� .,-� y�. i Al �ou� 0.09i saes \ ♦ ♦ �R,� � f i � � r Vv. '� l ues \ a. DESCRIPTION: `♦ �� � i SpaC A TRACT OF LAND, SITUATED, LYING AMD BEING IN THE ♦♦\ `\ t e .+121 sq L — SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19, ♦ 61.»3ava� l - �� 0.181 '{ -. TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.,M_, FLATHEAD - 8 �'. — — _ _fio'T _ _ _ _ { 51i.' COt7NTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS `\♦ � 1� { ". w - �QlS 4 FOLLOWS TO WIT: i 8,106.q IL BEGINNING at the northeast corner of the southwest Quarter ♦ _ of the Southeast Quarter Of Section 19, Township 28 North, ♦\ \"\ 180•0' { ' $ { 1576A• Range 21 West, P.M.,M., Flathead County, Montana which is V-., ,� i 0095 a�a a found iron pin; Thence along the east boundary of said \ _ `✓ vv � r i { { fsaa SWl/9SE1/9 SOV08'52"E 1022.25 feet to a found iron pin; ♦ � �\� '�,` -,.� 5,745s L on the easterly R/W Of the Burlington Northern Railroad; ♦♦ p '-,,i\ ,-�� 0.132a ( ! �$ '�^ �� \ — — — — 031 L Thence along said R/W N36°99'97 "W 1260.43 feet to a found ♦♦ � � �, �'�A, � � f��'T � �.su• 0097 aaa iron pin on the north boundary of said SW1/4SE1/9 and the south boundary of Ashley Park Phase 7; Thence along said boundary N89°03'52"E 751.55 feet to the point of beginning `♦ 4. i' \ try `�„ Olu.'L 7A and containing 8.618 ACRES; Subject to and together with \ O \ , 1 / 3,1W u1.t t all appurtenant easements of record_ ♦♦ d vg� 1 ».r 0.013 apes ♦ ♦ ��� y � B� emu— -... - ♦♦ rq v\f ipa — '3, 139 y.IL--- ♦ 8A ♦♦` ti \` \ \ 7,448 s1.L • , 9B 0.171 apa LEGEND: ♦♦ ♦ 6;0ee ,L ♦♦ -O.1d0 odesW 19 1/16 CORNER ♦v L\ .', �� y] 8B FOUND 12" X24" REEAR ♦♦v v� \\, v �� Y2f.56 saw 9A �: 9278 st.L 97 ♦ �w♦ yA 1 � � 0�13 ayes � ♦ :.ASV y\ VICINITY MAP ♦ fit'\ -,'t�� ��� �� \, NOT TO SCALE `♦ � `��' '� ♦�� aAP11 4d .r�e�eeee��di�e�eaeeeee�w�►... 7© ii S1 ELM � men ii ia� 0� 91i15 i0 I \ — P.0. 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