03. Resolution 5557 - Preliminary Plat Extension - Starling Subdivision Phase 1PUNNING FOR THE FUTURE
REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
Charlie Harball, Interim City Manager
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
SUBJECT Starling Phase 1 Subdivision — Request for preliminary plat extension
MEETING DATE: May 7, 2012
BACKGROUND: This is a request by Donald Meyers, CEO of the Aspen Group, the developers of the
Starling subdivision, for a two-year extension of the preliminary plat of the Phase 1 subdivision.
The Starling development includes 640 acres, all of Section 35 within Township 29 North Range 22
West. The project is a mix of residential housing types along with commercial development and is
proposed to be built out over 15 phases. Phase 1 is located in the northeast corner of section 35 at the
intersection of Stillwater Road and West Reserve Drive.
Phase 1 would create 204 residential lots and 32 commercial lots. The city council approved phase 1 on
August 6, 2007 subject to 29 conditions. On June 21, 2010 the city council approved a one-year
extension of the preliminary plat. The city council approved a second one-year extension of phase 1 in
June of 2011 which is set to expire on June 6, 2012. With the impending expiration of the preliminary
plat, 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.
iii. 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 Mr. Meyers has addressed each of the four criteria above. Should the city council agree
with his 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 Starling Phase 1 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 Harball
Senior Planner Interim City Manager
Report compiled: April 16, 2012
Attachments: Letter of request from Donald Meyers, CEO of The Aspen Group
Vicinity map
Preliminary plat
c: Theresa White, Kalispell City Clerk
Donald Meyers, CEO of The Aspen Group, 6730 N. Scottsdale Road, Ste 290, Scottsdale, AZ
85253
Debbie Street, 1400 Rose Crossing, Kalispell, MT 59901
Fri
THE NORTHEAST CORNER OF SECTION 35, TOWNSHIP 29 NORTH, RANGE 22
FLATHEAD COUNTY,i,
WHEREAS, the city council of the City of Kalispell granted preliminary plat approval for Starling
Phase 1 on August 6, 2007; and
WHEREAS, the city council of the City of Kalispell granted a one-year extension of the
preliminary plat for Starling Phase 1 on June 21, 2010 and another one-year
extension on June 6, 2011; and
WHEREAS, The Aspen Group has requested a two year extension to the preliminary plat for
Starling Phase 1; 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, The Aspen Group has met the certain conditions and it is in the best interests of the
city that the two-year extension be given.
NOW • r BY THE CITY COUNCILOF OF
. AS FOLLOWS:
SECTION I. That the application of The Aspen Group for an extension of the preliminary
plat of Starling Phase 1, Kalispell, Flathead County, Montana is hereby
approved for a period of two years ending the 7`" day of May, 2014.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 7TH DAY OF MAY, 2012.
Tammi Fisher
Mayor
Judi Funk
Deputy City Clerk
t y
2012
��r4
i u l }
April 12, 2012
Tom Jentz, Director
Kalispell Planning Dept.
City of Kalispell
201 First Ave. East
Kalispell, MT 59901
RE: Extension of Starling Phase I Preliminary Plat
Dear Mr. Jentz
Via Entail
This letter is in response to the letter dated March 13, 2012 from the City of Kalispell, notifying
the The Aspen Group of the expiration of Starlings preliminary plat on June 6, 2012.
Pursuant to this letter, The Aspen Group would like to apply for extension of the preliminary plat
for a period of two (2) years as set forth in your letter.
® The existence of an unusual hardship.
Due to the current economic conditions, we have not proceeded with the development of
Starling. This being said, The Aspen Group intends to proceed with the development of
Starling upon the economic conditions improving.
That a significant public good would be accomplished through the extension as opposed
to a specific economic hardship related to the owner.
Phase 1 includes a mix of housing types to accommodate a wide range of home buyers.
The lots are located across the street from Glacier High School and significant
improvements will be made to Stillwater Road in conjunction with phase 1 making that
portion of Stillwater Road by the high school more pedestrian and bicycle safe for
students.
That there are no changes to the immediately abutting properties that would be adversely
affected by the approval process; and
The subdivision is located at the northeast corner of Section 3.5. Properties to the north,
across W. Reserve Drive, are still large lots outside the city limits and have not further
developed. Starling has conceptual development plans for the land immediately west and
south of phase 1 in which phase I compliments rather than adversely affects the land.
6730 N. Scottsdale Road, Ste 290, Scottsdale, Aiizana 85253 602.553.4100 phow 1 602.553Ar41 fax rrw:v.tlieas}en rt�uh.con�
0 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 Aspen Group is not aware of any changes in policies or adopted regulations that
would be undermined by an additional two-year extension. The street and subdivision
designs approved as part of phase 7 have been incorporate into the latest updates of the
city's zoning and subdivision regulations.
As you know The Aspen Group has put a substantial amount of time and capital into the
planning of Starling and continues to feel that the project, when developed, will be a positive one
both from the City of Kalispell's perspective and The Aspen Groups. We look forward to
working with you again when the market improves to develop a successful project to our mutual
satisfaction.
Please feel free to contact us if you have any questions.
Sincerely,
Donald L. Meyers
CEO/Founder
The Aspen Group
6730 N. Scottsdale Rd., Ste 290
Scottsdale, AZ 85253
6730 Id. SCOttsdate Road, Ste 290, Scottsdate, Arizona 85253 1 602.553.4100 Inhorw 1 602553,4141 oup,corn
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STILLWATER MEADOWS, LLC/STARLING OF KALISPELL
A 640 ACRE PLANNED UNIT DEVELOPMENT FILED WITH
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BUFFER DISTRICTS; GROWTH POLICY AMENDMENT &
PHASE 1 OF THE PRELIMINARY PLAT PLOT DATE 4/11/07 �
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OWNER
ENGINEER PURPOSE
THE PRELIMINARY PLAT OF
STILLWATER MEADOWS, LLC.
1400 ROSE CROSSING,
I KALISPELL. MT 59901
MORRISON—MERLE, INC. SUBDIVISION PLAT
1228 WHITEFISH STAGE ROAD
KALISPELL, MT 59901
STARLING, PHASE 1
SURVEY
I LOCATION
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LOCATED IN THE NORTHEAST ONE -QUARTER OF SECTION 35, T29N, R22W, P.M.M.,
I
CITY OF KALISPELL, FLATHEAD COUNTY, MONTANA---------------------
— — — — — — — — — — — — —
— ----------------------------------
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---_-
F_ —FND 2X— DIAMETER CAP
S 00'16'03' E 2841.05'
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SCALE: N.T.S.
LEGEND
SECTION CORNER FOUND AS
NOTED
QUARTER SECTION CORNER FOUND
AS NOTED
— — — — PHASE LINE
— —
SECTION LINE
— — — — — — —
SECTION SUBDIVISION LINE
BURIED FIBER OPTIC
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FENCE LINE
— —
DITCH
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PROPOSED RIGHT OF WAY AREA
COMMON AREA
PARK
SINGLE FAMILY LOT
CONDOMINIUM/TOWNHOME LOT
PAIRED HOME LOT
BASIS OF BEARING
LAST BOUNDARY OF SECTION 35 FROM EAST 1/4 CORNER
TO NORTHEAST CORNER PER CERTIFICATE OF SURVEY 16928
ZONING
EXISTING: AG-80
PROPOSED: R-3/PUD
AREA SUMMARY
LOT AREA 29.43 aaa
COMMON AREA 8.74 ac
PARK AREA 3,66 ac
RIGHT—OF—WAY 2111
TOTAL GROSS 83.J0 acres
NOTES:
I. GROUND CONTOURS SHOWN ON SITE PLAN
2. PROPOSED UIILNIES SHOWN ON SITE PLAN.
3, PARCEL UES —111 ZONE C ACCORDING TO PANEL 3D0023
IBOS D OF THE FLOOD INSURANCE RATE IAAP OF FLATHEAD
COUNTY, MONTANA. DATED SIPTEALBER 30, 1862. ZONE C IS
Z AREA OF MINIWL FLOODING (ZONE X IS USED ON ALL NEW
AND REVISED MAPS IN PLACE OF ZONES D AND C).
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PRINCIPAL MERIDIAN, MONTANA
CLIENT:
FLATHEAD COUNTY, MONTANA
FIELD 800K DATE: 03/19/07 PLOTTED DATE: Apr/10/2007
DRAWN BY: MDS SCALE: 1'=100' DRAWING NAME:
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