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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 - .. r189'I9'W"C - - - - - - - - 326.EC' - - F Lot' 19- \Lor - 9,246 Sql RL • \ l S �� . 10;476 Sq Ft - - - - 5 'I`B�, �'\ \ \\�` •� _HATCHING DFNOTEiFLC100,ZONE F IAREFS OF _ \` 10T.YEAR FLOOD: BASE FLOOD ELEVATIONS AND / \ FLOOD HAZARD FACTORS NOT DETERMINED) \ LALEO LROM F{000 LLISURAWCE IIA-IE MAP_ o _ COMMUNIOPANEL 3DW231805 D. .`Lot ;1,6 •\ G�YI.,U` /�. '\10 459�Sq.l�t �,� t� ,�_ _ � �` / _� . ``�` ' . � �� - - - - - - 1 Lot- a \ -Fjft58-Sq. Ft. - Lot 1. \. Fl• _ Oyu" - -+ - / i%;�TRCiTot�A-re at 11.144 sq. _ \ - w ` Lot`15 \; o vbry 2 29-Aems I - - `589'25'19-C 9.168 S \F�t. LP/t 1/3 15 IWAG' � o \ 3 \ 14.923 Sq. Ft.- ALP_- i m Lot 2jj Q 7,414 Sq �Ft. OV tY24053'1^"% 60' DEDICATED CRY \ R-55.w. 1 Lot: 1 n iBRIDGE �. r aPzs't4 w Ft. 11�60.1 SSq.I % \ / o Lot 4 z \ v,201 Sq. Ft. \ \ Lot 10 LO 11 ° 9,48-3 Sq. Ft. 199n0'.9F\ ,2oa' - :1 10,157� q. Ft' A, / /- ACREEK '—THREAD OF SPRING L: / \7.201 Sq. Ft. _ _ 35.01' Lct. �� \ - Lot 9 f I ���� �/ 8,776 SQ. Ft. V 7,201 Sq. Ft. (':''1(1 \ \L)?t 7�I �� ofR. yRz '�n.V %b59 S Rt. \ \ l v r52'36'20 • q• R_ a.Ba \L: �]8 w53'2zOr 8.9)8 Sq. Ft 6000' 3.97: 146.at' 11 I C90 �tppl-cvec! SI-cbdCvisLoti- I APPROVED t ;Q� AJ -� 06 2007 KALISPELL PLANNING DEPARTMENT u rveYlp`9..: 205';, 1 ItA�e,E:N:•9 ;': �•_^�lel � {A[)6(755�CZa5 KaNspill. MI.5940L^';: .:� te�(•1061 755.7055 IIIIIIIIIIIMI ®liZllL•�Y� II®�� ACREAGE TABLE LOTS...................................... J 23 COMMON AREA .................. 2.29 DEDICATED CITY STREET........ 113 6.52 AC. N l� SCALE \'a0' VICINITY MAP 1" = 5000' TRACT MAP 1" = 500' 1 30 — IC BA / L `r B A 9v IBA z 36 16 1 \\ is lt� I P v 4� .0 O ti L I IIGG 1 \ F,eltl Crew. oar: April 24. 2007 RwNwn W,e n/n N.", roes: .......sp.,og... r.ok�n�",6rr: os-22s FRn,r.nr: Pre PI.1 Urawn BY. /. NEUHARTH