2. Resolution 5592 - Preliminary Plat Extension - Glacier Village GreensPlanning Department
2011" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispeli.com/planning
REPORT TO: Doug Russell, City Manager
FROM: Sean Conrad, Senior Planner
SUBJECT Glacier Village Greens Phases 19, 21 and the remainder of 22 — Request for a two-
year preliminary plat extension
MEETING DATE: October 1, 2012
BACKGROUND: This is a request by Sands Surveying on behalf of their client, Mark Owens and the
Owl Corporation, the owners of Glacier Village Greens Phases 19, 21. and the remainder of 22, for a two-
year extension of the preliminary plat of the subdivision. These three phases would create 25 single-
family lots and 34 townhouse lots. The phases were approved in December of 2002 by the Kalispell City
Council subject to 16 conditions.
The Glacier Village Greens Subdivision is approximately 200 acres in size, includes 22 phases and is
located on the north side of West Evergreen Drive. Phases 19, 21 and the remainder of phase 22 are
located on the north side of the subdivision. Phase 19 is located north of the cul-de-sac for Palmer Drive,
Phase 21 is located east of the cul-de-sac for W. Nicklaus Avenue and the remainder of phase 22 is
located at the northern end of E. Nicklaus Avenue.
Since the 2002 approval the city council has granted two one-year extensions. One in September of 2010
and the other in August of 2011. The August 2011 extension gave the developer until November 3, 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 Ietter 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 Eric Mulcahy of Sands Surveying on behalf of the developer 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 GIacier Village Greens Phases 19, 21 and the remainder of 22.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
Sean Conrad
Senior Planner
Report compiled: September 24, 2012
Attachments: Letter of request from Sands Surveying
Vicinity map
Preliminary plat
c: Theresa White, Kalispell City Clerk
Santis Surveying, Attn: Eric Mulcahy, 2 Village Loop Road, Kalispell, MT 59901
IMMIN: ANT
WHEREAS, the city council of the City of Kalispell granted preliminary plat approval for Glacier
Village Greens Phases 19, 21 and the remainder of 22 in December 2002; and
WHEREAS, the city council of the City of Kalispell granted a one-year extension of the
preliminary plat for Glacier Village Greens Phases 19, 21 and the remainder of 22 in
September 2010 and another one-year extension in August 2011; and
WHEREAS, Sands Surveying, on behalf of Owl Corporation, has requested a two-year extension
to the preliminary plat for Glacier Village Greens Phases 19, 21 and the remainder of
22; 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, Owl Corporation 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 Owl Corporation for an extension of the preliminary
plat of Glacier Village Greens Phases 19, 21 and the remainder of 22,
Kalispell, Flathead County, Montana is hereby approved for a period of two
years ending the 1 st day of October, 2014,
PASSED AND APPROVED BY THE CITY COUNCIL. AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 1ST DAY OF OCTOBER, 2012.
ATTEST:
Theresa White
City Clerk
Tami Fisher
Mayor
SANDS SURVEYING, INC.
2 Village Loop Road
Kalispell, MT 59901
406-755-6481
Fax 406-755-6488
s p 1, 6 ?.012
September 10, 2012
Mayor Fisher and City Councilors
City of Kalispell
201 1 "Avenue East
Kalispell, MT 59901
RE: One year extension for Glacier Village Greens, Phases 19, 21, and the remainder
of 22, Preliminary Plat
Dear Mayor Fisher and City Councilors:
On behalf of our client Mark Owens and Owl Corporation., we are requesting a two year
extension for the Preliminary Plat approval of Glacier Village Greens, Phases 19, 21, and
the remainder of 22 which is located in the Glacier Village Greens golf course
development off of West Evergreen Drive. The preliminary plat for the remaining phases
expires on November 3, 2012. Since our last extension the City of Kalispell has
requested addition information for its deliberation on the request and which we will
address below.
The existence of an unusual hardship.
The applicant has made substantial investments in this project over the years and
is approaching buiidout of the development as these are the final phases. Glacier
Village Greens is a successful and well cared for neighborhood with a golf course
and many other amenities enjoyed by the residents. All infrastructure has been
installed to City standards for the remainder of phase 22, for example, but as the
market for bare lots is still very depressed, the owner is reluctant to bring this
phase to final plat at this time and add more lots to the inventory.
2. That a significant public good would be accomplished through the extension as
opposed to specific economic hardship related to the owner.
Glacier Village Greens is a successful and well received neighborhood. These
last few phases will complete the development which started in 1988. The
residents of the existing phases want to see the development completed and the
City would like to see these lots developed for the tax base and contributions to
the existing City infrastructure. Granting the extension will make it much easier
for the developer to final plat the next phase once the real estate market improves.
3. That there are no changes to the immediately abutting properties that would be
adversely affected by the approval process.
Phases 19, 21, and 22 were originally part of a preliminary plat approved for
Phases 14 -22 back in 2002. Therefore, the final phases have been anticipated by
the neighboring property owners for many years and once completed will help
maintain the amenities in Glacier Village Greens through their HOA dues. These
neighbors will not be adversely affected by the granting of the two year extension.
4. 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 extension
Glacier Village Greens platted its first phase in 1988 and has platted many phases
over the years. I am not aware of any new City policies or regulations that would
significantly alter the design or improvements associated with the remaining
phases.
The applicants have invested substantially in the Glacier Village Greens development but
at present there is still a large supply of lots available and it does not make sense to
proceed with the next phase. We are hopeful that market conditions will improve in the
next year or two thereby reducing the supply lots at which time we can proceed with
phasing.
Should you have any questions regarding the requested extension please contact me at
755-6481.
Sincerely,
Eric H. Mulcahy, ACP
Sands Surveying, Inc.
Glacier Village Greens Extension
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VICINITY MAP
OWL CORPORATION
MAJOR PRELIMINARY PLAT
GLACIER VILLAGE GREENS PHASES 14,2-1, 22
BY:
SANDS SURVEYWG INC.
LAGE LOOP
KALSSP6;J.,MONTANA 59901
PH:(406) 755-6491
JOSH
212312 (10315DWG)
DATE-
OCTOBER 7, 2007
FOR-'_—
OWL CORPORATION
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PRELIMINARY PLAT OP
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