04. Resolution 5558 - Preliminary Plat Extension - Mountain Vista Estates Phase 4PLANNING FOR THE FUTURE MUMAIVA
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.kafispell.com/planning
SUBJECT Mountain Vista Estates Phase 4 — Request for preliminary plat extension
MEETING DATE: May 7, 2012
BACKGROUND: This is a request by the managing members of Touchstone, LLC, the owners of
Mountain Vista Estates Phase 4, for a two-year extension of the preliminary plat of the subdivision.
Mountain Vista Estates Phase 4 is approximately 7.6 acres in size and is located on the north side of
Three Mile Drive approximately one-half mile west of Stillwater Road. It abuts the easterly boundary of
Mountain Vista Estates Phase 1, a city subdivision that received final plat approval in August of 2006.
Spring Creek makes up the northern and easterly boundary of the subdivision. The property can be
legally described as Assessor's Tract 113FA located in Section 2, Township 28 North, Range 22 West,
P.P.M., Flathead County.
The subdivision would create 19 residential lots and was approved on August 6, 2007 by the Kalispell
City Council subject to 27 conditions. On June 21, 2010 the city council approved a one-year extension
of the preliminary plat. The city council approved another one-year extension of the preliminary plat in
June of 2011. The latest plat extension gave the developers until June 20, 2012 to file a final plat
application for the subdivision.
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.
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 D.J. Walker and Phil Neuharth, Members of Touchstone, LLC, has addressed each of the
four criteria above. Should the city council agree with Mr. Walker's and Mr. Neuharth'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 Mountain Vista Estates Phase 4 Subdivision would be in order.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
e
Sean Conrad
Senior Planner
Report compiled: April 20, 2012
Attachments: Letter of request from Touchstone LLC
Vicinity map
Preliminary plat
c: Theresa White, Kalispell City Clerk
D.J. Walker and Phil Neuharth, Touchstone, LLC, 135 West Idaho Suite B, Kalispell
Yel
ROAD.
WHEREAS, the city council of the City of Kalispell granted preliminary plat approval for
Mountain Vista Estates Phase 4 on August 6, 2007; and
WHEREAS, the city council of the City of Kalispell granted a one-year extension of the
preliminary plat for Mountain Vista Estates Phase 4 on June 21, 2010 and another
one-year extension on June 20, 2011; and
WHEREAS, Touchstone, LLC has requested a two year extension to the preliminary plat for
Mountain Vista Estates Phase 4; 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, Touchstone, LLC has met the certain conditions and it is in the best interests of the
city that the two-year extension be given.
AO'1,� THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION I. That the application of Touchstone, LLC for an extension of the preliminary
plat of Mountain Vista Estates Phase 4, Kalispell, Flathead County, Montana
is hereby approved for a period of two years ending the 7 th 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.
ATTEST:
Judi Funk
Deputy City Clerk
Tammi Fisher
Mayor
April 17, 2012
t
Li
Kalispell Planning Dept.
201 1st Avenue East
Kalispell, MT 59901
Re: Subdivision Extension Request
Dear Tom,
Given the current economic climate we find ourselves working in, we, the members of
Touchstone, LLC respectfully request a two year extension of our preliminary plat of
Mountain Vista Estates, Phase 4 in hopes that the local economy will improve and permit
our project to move forward.
This project provides not only the opportunity for quality residential lots but also an
extension of city streets to property located to the south of Phase 4 that adjoins Three
Mile Drive.
There are no changes to any of the abutting properties that would be adversely affected
with this extension.
We know of no conflicts with any recent policy changes or regulatory schemes adopted
by the city that would be affected by this extension.
Thank you and we appreciate your cooperation in this matter.
Sincerely,
D.J. Walker
Phil Neuharth
Members of Touchstone, LLC
755-6789
OWNER/FOP.: TOUCHSTONE LLC
PURPOSE: SUBDIVISION
DATE: MAY 7. 2007
Preliminary Subdivision Plat of
MOUNTAIN VISTA ESTATES PHASE 4
SE 1/4 of the SW 1/4, Section 2, T28N R22W, P.M., M.
Flathead County, Montana
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