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1. Resolution 5591 - Preliminary Plat Extension - Northlands SubdivisionPLANNING FOR THE FUTURE MQ11t'IANA` REPORT TO: Doug Russell, City Manager FROM: Sean Conrad, Senior Planner Planning Department 2011" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning SUBJECT Northlands Subdivision Phase 4 — Request for a two-year preliminary plat extension MEETING DATE: September 17, 2012 BACKGROUND: This is a request by 48 North Engineering on behalf of the Bridgeland Development, LLC, the owners of Northlands Subdivision Phase 4, for a two-year extension of the preliminary plat of the subdivision. Phase 4 of the Northland Subdivision includes a 5.8 acre strip of land located south of Four Mile Drive and north of Northland subdivision phases 1-3. The Meadows, North Haven Heights, and Summit Ridge subdivisions make up the eastern boundary of the project. Phase 4 would create 19 single family residential lots and was approved on November 5, 2007 by the Kalispell City Council subject to 23 conditions. Since the 2007 approval the city council has granted two one-year extensions. One in September of 2010 and the other in September of 2011. The September 2011 extension gave the developer until November 5, 2012 to file the final plat. 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: 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. Walcheck of 48 North Engineering on behalf of the developer, Bridgeland Development LLC, 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 Northland Phase 4 Subdivision. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, Sean Conrad Senior Planner Report compiled: September 10, 2012 Attachments: Letter of request from 48 North Vicinity map Preliminary plat c: Theresa White, Kalispell City Clerk Bridgeland Development, LLC, P.O. Box 1117, Whitefish, MT 59937 48 North, P.C., Attn: Brett Walcheck, 151 Business Center Loop, Ste A, Kalispell, MT 59901 114W*9jR1j1P#j►&Z W.-Iikil 0093 t4 V 911 N I WHEREAS, the city council of the City of Kalispell granted preliminary plat approval for Northlands Subdivision Phase 4 on November 5, 2007; and WHEREAS, the city council of the City of Kalispell granted a one-year extension of the preliminary plat for Northlands Subdivision Phase 4 on September 7, 2010 and another one-year extension on September 6, 2011; and WHEREAS, 48 North Engineering, on behalf of Bridgeland Development, has requested a two year extension to the preliminary plat for Northlands Subdivision 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, Bridgeland Development 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 Bridgeland Development for an extension of the preliminary plat of Northlands Subdivision Phase 4, Kalispell, Flathead County, Montana is hereby approved for a period of two years ending the 17th day of September, 2014. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 17TH DAY OF SEPTEMBER, 2012. Tammi Fisher Mayor Theresa White City Clerk August 30, 2012 City of Kalispell Planning Department Attn: Sean Conrad 201 1 st Avenue East Kalispell, MT. 59901 M.T11011111040116TOME' - Dear Sean: 151 Business Center Loop, Suite A • Kalispell, MT 59901 e P) 406.756.4848 • F) 406.756.4849 t 40 i, Please consider the following letter as a request on behalf of Bridgeland Development LLC. to obtain an additional extension for the preliminary plat approval of Northland Subdivision Phase 4. On behalf of the letter that was dated August 14, 2012 from the City of Kalispell Planning Department regarding preliminary plat extensions, it is the request of Bridgeland Development LLC to request this additional extension. This extension is in regards to the Kalispell City Council passed resolution no. 5248 approving the preliminary plat of Northland Subdivision Phase 4, more particularly described as a 5.8 acre portion of assessor's tract 1 located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. The timeline extension is being requested due to the economic downturn and the slow down in the housing market. It is our understanding that the developer does have full intensions to proceed forward with final platting prior to the expiration of the extended timeline. It is also believed that public good will be accomplished via the approval of an extension. This belief is based on that if this subdivision is finalized in the future it will add necessary infrastructure improvements via extension of Northland Drive to Four Mile Drive. It is also believed that the preliminary plat is not in conflict with any recently changed policies or regulatory schemes adopted by the City of Kalispell. Thank you for your time and consideration regarding the requested timeline extension. If you have any questions, please do not hesitate to call me at (406-756- 4848). erely, Brett Walcheck, P. E. y President 48ly #TH P. C. 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LY 3 4 10 225a,74i 4 4 4 31 3i 7 6 L9 28 ?7 --f ccyfU. 3 17 4 r VICINITY MAP SCALE = 500' BRIDGELAND DEVELOPMENT, LLP/NORTHIAND SUB PHASE 4 REQUEST FOR PREL114INARY PLAT OF NORTHLAND SUB PHASE 4, WITH 19 SINGLE FAMILY UNITS, AND REZONING FROM CITY R-4 (TWO FAMILY RESIDENTIAL) TO CITY R-3 (URBAN SINGLE FAMILY RESIDENTIAL) ON APPROXIMATELY 5.86 ACRES FL UT DATE 9/5/07 FILE# KPP-07-11 & KZC-07-01 H:\gls\site\kpp07—ll Northland 4.d-wg