2. Resolution 5595 - Preliminary Plat Extension - Glacier Town Center Phase 1Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.katispell.com/planning
REPORT TO: Doug Russell, City Manage
FROM: Sean Conrad, Senior Planner
SUBJECT Glacier Town Center Phase 1 — Request for a two year preliminary plat extension
MEETING DATE: November 5, 2012
BACKGROUND: This is a request by Scott Hagel on behalf of the property owner, Stillwater
Corporation, for a two-year extension of the preliminary plat for phase 1 of Glacier Town Center. Phase 1
includes 191.6 acres which would be divided into 37 lots, 36 of which are commercial lots and one lot for
a future community center. The lot sizes range from 1 acre to 39 acres. Phase 1 was approved in January
of 2008 by the Kalispell City Council subject to 23 conditions.
The Glacier Town Center Subdivision is approximately 485.5 acres in size and includes commercial and
residential development. The 485.5 acre site spans the distance between Highway 93 North and Whitefish
Stage Road. The property is generally bounded by Glacier Memorial Gardens Cemetery, the Stillwater
River, West Reserve Drive and Semitool along its southern boundary, Highway 93 North along its
western boundary, Whitefish Stage Road along its eastern boundary and a combination of land owned or
within the state, city, and county along its northern boundary. Phase 1 is located in the western half of the
485.5 acre project site along Highway 93 North.
In December of 2011 the city council approved a one-year extension of the preliminary plat in accordance
with Section 2.06.E.7 of the Kalispell Subdivision Regulations. The one-year extension gave the
developer until January 22, 2013 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. Hagel on behalf of the property owner 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 Phase 1 of the Glacier Town Center Subdivision would be in order.
FISCAL, EFFECT'S: Positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
7� 1(
Sean Conrad
Senior Planner
Report compiled: October 29, 2012
Attachments: Letter of request from Scott Hagel
Vicinity map
Preliminary plat
c: Theresa White, Kalispell City Clerk
Crowley Fleck PLLP attn: Scott Hagel, PO Box 759, Kalispell, MT 59903-0759
ill, F'' 0 11 1111,11, 11 11
'Jill
WHEREAS, the city council of the City of Kalispell granted preliminary plat approval for Glacier
Town Center Phase I on January 22, 2008; and
WHEREAS, the city council of the City of Kalispell granted a one-year extension of the
preliminary plat for Glacier Town Center Phase I in December 2011; and
WHEREAS, Scott Hagel, on behalf of Stillwater Corporation, has requested a two-year extension
to the preliminary plat for Glacier Town Center 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, Stillwater 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 Stillwater Corporation for an extension of the
preliminary plat of Glacier Town Center Phase 1, Kalispell, Flathead County,
Montana is hereby approved for a period of two years ending the 5th day of
November, 2014.
Tammi Fisher
Mayor
Theresa White
City Clerk
F L E C K PLLP OE:, 2012 Scott D. Hagel
P. O. Box 759
N`'01 - J) '"'IUIKa'lispell,MT 59903-0759
406-752-6644
shagel@crowleyfleck.com
October 25, 2012
Mr. Thomas R. Jentz
City Planning Director
201 I't Ave. East
Kalispell, MT 59901
Re: Request for tmo year extension of preliminarj) plat of Glacier Town Center, Phase 1
Dear Mr. Jentz:
This firm represents Stillwater Corporation. In response to your letter of October 10, 2012,
addressed to Roger Claridge, President of Stillwater Corporation, please accept this letter as a
formal request for a final two-year extension of the preliminary plat for Glacier Town Center,
Phase 1.
As you know, in December of 2011, the Kalispell City Council approved a second one-year
extension of the preliminary plat of Glacier Town Center, Phase 1. Since then, Stillwater
Corporation has purchased the property subject the preliminary plat and PUD. Section 76-3-610,
MCA, now authorizes additional extensions of preliminary plats, as do the City of Kalispell
Subdivision Regulations, at Section 28.2.06 E.7.b.
Pursuant to the City's subdivision regulations and your letter of October 10, 2012, I am
providing the following information on behalf of Stillwater Corporation:
1. Existence of unusual hardship: Since the original preliminary plat for this property was
approved in 2008, the market for commercial developments of land has entered an
extraordinary slowdown. It is simply not economically feasible for Stillwater
Corporation to undertake the development of this property at the present time. The
necessary infrastructure to develop Glacier Town Center, Phase 1, is cost -prohibitive
given current market conditions.
B I L L I N G S B I S M A R C K BOZEMAN H E L E N A K A L I S P E L L M 1 S S O U L A W I L L I S T O N
R 0 Vv i_ E Y 1", (_ i" 11 . C 0 hS
Thomas R. Jentz
October 25, 2012
Page 2 of 2
2. Significant public good as opposed to specific economic hardship related to the
owner: The property subject to the Glacier Town Center, Phase 1 preliminary plat
represents excellent planning work by the City of Kalispell's Planning Department and
City Council. This particular land fits within the City of Kalispell growth policy, is
properly zoned for commercial development, and is the only undeveloped large tract of
property currently planned for commercial development. It abuts significant commercial
development on the south side of East Reserve Drive and east of U.S. Highway 93. It
represents a logical, well -planned extension of the current pattern of commercial
development in north Kalispell. All of these factors create significant public benefits for
Kalispell. While no one can say with certainty when the market will improve
sufficiently to make the Glacier Town Center concept economically viable, at some point
it is likely to happen. When it does, the Glacier Town Center property represents a
properly planned location for such activity.
3. No changes to abutting properties: There have been no changes to abutting properties
that would be adversely affected if the preliminary plat were extended. Conditions
affecting abutting properties remain the same as when the preliminary plat was approved
in 2008.
4. No conflict with recently changed policies or regulatory schemes: Although it has
been some five years since the preliminary plat was first approved, the city has not
adopted changed policies or regulatory schemes that would be undermined by a further
extension for the preliminary plat. Commercial development within the city is beginning
to show signs of picking up in the nearby Spring Prairie development, and the city's
current planning, zoning and regulatory scheme remain in harmony with the future
orderly development of the land subject to the Glacier Town Center, Phase 1 plat.
Please advise me whether your department requires any further information from me or my
client, and kindly advise me whether it will be advisable or necessary to attend the meeting of the
City Council at which this request will be considered.
Sincerely,
Scott Hagel
SDH:jd
c: Roger Claridge
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WOLFORD DEVELOPMENT MONTANA, LLC/GLACIER TOWN CENTER
REQUEST FOR ANNEXATION & INITIAL ZONING OF B-1, B-3, R-3 & R-4 FROM COUNTY B-2,
SAG-5, SAG-10 & R-1 ON APPROXIMATELY 485.5 ACRES. FILED CONCURRENTLY
WITH A PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLAT OF PHASE 1 - GLACIER
GLACIER TOWN CENTER - A 36 LOT COMMERCIAL SUBDIVISION ON APPROXIMATELY
191.E ACRES
�1�f 7 7 !�C �1 PLOT DATE 9111107 -
r I LE# KA-0 t -1 0 , KPU D-0l -06 � KP P-07-12 H:kgisksite\ka07_17 Glacier Town Ctr.dwg
• A LAND SURVEYOR WILL BE SECURED Preliminary Plat for Phase 1 of GLACIER TOWN CENTER
AND UTILITZED TO COMPLETE
FINAL PLATS.
LEGAL DESCRIPTION
Estedar 8ound.ry of Par"Is 1 Ihrough 11
Aa Oetalled lo Comra/onan[ For 71d� Insurance
fsaued by: Chicago Title Insurance Comps"
Ondsr Numbs,, CG-1W20
EHeciN, Cate: March 14. 2007 at 5:00 AM.
A bad of land looted In Secaava 19 d 30, Tor Np 29 North, Range 21 West,
P.M.,M., Flaths" County, Montana, mom paniculady described as follows:
ninat th
Beging e ronhwecaner
r of Section 30, Township 29 North. Range 21
West, 'A
Flathead Cot r y, Montana; Nerve along the north line of said
Section 30, North 89.402V Wert, 687.81 feel In the nonlevesl caner of that
Parcel described In Davment No. 2G0436509500, records of Flathead County,
Montana; thence along (ha west One of sold parcel, and continuing along the west
line of that parch described in Docurnenl N. 200221914230, retards of Flathead
an Cny, Montana, South 00'12'"' East1324.27 feel to the sorMwesl coon. of
the first above described parcel and line rorfh fhhe of the Southeast Quarter of the
Northeast Quarter of the above said Section 30; thence along the south one of
said Patel and the noM one of said aliquot Pan, South 89'42'14' East 687.92
feet to the northeast comer of the Southeast Quarter of the Northeast Quarter of
said Section 30; th- along the east Ine of said eoqud pen, South 00'13'D2'
East 1323AS feel to the southeast coon. Mareot thence along the south We of
said aliq"lpod. North 89'4TlW West 30.D0 feet to the west.ly rfghtofvrryfine
of WhR.&h Slag. Road, a slily foot to. Dedarad Canny Road; thence along
said cost.* n""'d vv y fin. of said WNIaAsh Stage Road, North00.13n2' West
1032,35 feel b the mnheasl coon. of that parcel described In Document No.
9019816340, records of Flathead Comfy, Montana; thence along the owes fine of
said pan .1, South 89'0719' Wert 726.99 fed to the norilwast comer of said
,.coat Or.. along the weld One o(aald parcel. South 00'1259' East 1017.47
I. b the sash in. o1 the aboveaald Soulhaast Quarter Northeast thran.
of Segkn 31; then" along the south line of said aliquot part, North89'42'18'
West 667.431eat W the southeast comer of the SoutIrwest quad. ofthe
Northeast Quarter of the atxry Jd Sactlm 30; Own" along the ... th fins of
said." pan, North 89'41K9' Wes1993.26 feet to Oro northwest caner of th ll
rrs cel described In Docu ass nt No. 9407612280, record. of Fbthead Coup y,
lAmtana; thence slag the west one of said parcel, South 00'1521' East 132429
on feel to the nhw.st coma, of that pancst described In Dor4mvnl N.
84305"loot, records of Flathead County. Mataas; then" thongwof the west fine
said panai, Sooih OD'1521' East 1294.33 fast to a point on the rrr
dghtaf-way 14. of West Reserve Drive (Monona Highway Project No. RS
548-1(2)4}, thence along said righlo(w y line of said West Reserve Drive, North
89'44'17' Wes1330.e6 fee to a point on the west line ofthe Souammsl quarter of
the Scumnm Owner of the above -.aid Section 30; thence along said weal taro of
pW. NOM 00'1540' West 694.72 fast to the nonMast comer of that
Parcel detalbed In 0o"menl No. 200119710190, remds 14Flathead Canny,
I4ontans; the-." to north Ilse of said parcel, North 89'4443' Wast 1383.36
test to 0..ppnosMao tined of the SW-t. Ride,, than. along said thread of
said Smwatar RN., elm lb (owing ten (10) corses u
North 61'4338' W.at 36,49 feeC North 75'1330' We.( 65AS feet
South 50.42,04 West 291.30 feet Sown 75'3007' West 128A5 feat.'
North 55.2234. West 100.35 feet; North 01.077]' East 92.74 feet
North 4a'2043' East 11154 feet North 14.4C53' Ears! 122291eet',
North 12-11'Ot' West 142.48 feet and Nast 22'2T01We5
1265.55 f..l,
e orfen, to tut northnd boundary of cpvemma of Lot 4 of the above -said Section
30; thence along said "M boundary of said Government La 4, South 89.43IM'
East. divan. of530.65 feel to the southwest cam. of the Northeast C arter of
0mSMtweal Ouarf asaId Serdlm 30; them slag fine west ire a(sald
adquol pan, Nast 00'23RB' West a distance, of feel to the soulheasl
mare/Govemmenl Lot 2 of said Seaton fo: theme thong thew th One of said
Govarnmml Lot 2, North 89'42'28' Was1933 N fast to tho southeast can. of
that Pa os.,noed In 0pcuonenl NM 200327114290, records of Flathead
County, Montana: then" along the south ire of said parcel, North 89.4728' Wass
319.63 feel b the easterly dghlokivay One oI U.S. Mghway No. 93 (Highway
Pml.ctF50(32)115); the
n" Wwg'aid ea.terty dghtoFOne way of said hlghaay
the (ogowig bur messes: Nagh 04'29'5W East 189.11 feel: North 00*11'13' East
340.08 bet North 04'34'11' Was16020 feet and NOM00'17'13' East ll.62 feel
to a pole m the aouN one of that parcel deaatbed In Document No. 9D0087620D,
records of Flathead Cony, Monona; then" conlh.lrg alma the easterly
nghlaWwy .1 sad U.S. Highway 93 the following three "ur.es;
North Coll 1'i E' East 28'38 feel, No" 13'3M. West 4121 feet, and North
DWI I'l3' E.1591.75 feel to the no"""" """r ofthe (lost ab"" ash P.rcd;
then. continuing along said ...felt, boundary of said highway dghto(-way, Noah
00'11'13' East 64.13 feat la the south ins of Govenun.nt La 1 of the above said
Selo" 3Q .
thencoMlnubng In said Gmeonmun Lot 1, through N. mates
along fh• above said said boundary of U.S. Highway 93 right-OPW.
North 00'11'13' East 164.OD feet North 14'1323' East Of.85 fe.t
No
rth
00'11'01' East 940.05 feet Nast 13.5635ld 6 ' Wa1.891eel;
and Nand 00'10'44' East 100.60 feel lo. point on the north line, of the above said
Gwemment La 1; onence Nang said north line ot said Govemmed Lot 1. South
89-41'25' East 1237.841.N to the.ouehe.11- of that parcel shave as Tnacl
6 on Certificate.1Survey No. 44.I. Record' of Flathead Corny, Montane;
thence continuing In Sects. 19. Tp hIp 29 North, Range 21 West, P.M.,M.,
Flathead Co,nyMontana and Img the east fine of said Tract 6, North 00'3331'
West 66025 real b the SOM..W "mar of Ual Parcel shown sa Tract 5 m the
abovee'ki Cardinale ofSurvey Np, 4491; then" along the -I ins of said Tract
North
5. Nst 00'33'31' West 66025 feet to th.-Alr-sl "mere/ that parcel ahown
as Tract a m Ous abwaaaltl Car" W of
Smay NO, 4491; than" Bong file
sculh in. of ash Teel 8, South 89'46'02' Eu11327.80 feet 1.. point on the
wen fine of the Soromest quarter of the Southeast Owner of saki Section 19;
thNnc. slag said weal in' of said aliquot pan, Nast 00'34'07' Wast SAS feet to
a point on the north In. of said allquol Pan; theme slono the north one of said
aaqud Pan. and .1.9 the .adh line of that tact of lend fhm on Cenfliale of
Survey No, head 3813, records a( FlatCounty, Montana, South 89-53'06' East
13r7.15 fast to ft wW 9m .1- parcel d.salbed In Docran.nl No.
9116514510, records.1 Hothead County, hl e ; thence, along said west Me or
said parcel, South 00*12-54' Well. 3420 feel b the southwest comer thereof,
e, along the south no therof said parcel and continuing along the south fine of
that parcel described In Doanmenl No. 200221414500, record, of Flathead
om Cty. Montana, Sunni, 81*52'49' East, 127260 feel to she corn line of the
SanhsAAOusnaralthe Sa h...lOwrsroftheabov.said Secdw19;then.
.long the Ben line of said tsqud pen. Saud, 00'3731' East i303.19 feat to the
Print.f8agln ing,
The eAsri. I-ndary sammrJ"g Tads 1 through 11, as described above,
enccun nes 485.481 acres of land.
CTA
ARCHITECTS
ERceTEERs
EQ-
DRAWN BY: Aascap
CHECKED BY: OR.w'F
GATE: 09-0307
CTA# GUCIUALI
CADD FILE:
I-&
PRELIMINARY PLAT
FOR
PHASE 1
CENTER
SHEET
1 OF 3
A LAND SURVEYOR WILL BE SECURED PreliminaryAND UTILITZED TO COMPLETE Plat for Phase
FINAL PLATS.
100' BUFFER U$' HWY 93
LOT I
I 2.7 ACRES
_ OPEN SPADE
- 262 263 181 210 205,' 210
LOT 8� LOT 9
LOT 6 LOT 7 LOT 10 D LOT 12 LOT 1.3
1.6 acres 1.5 acres w LOT 11.
I acres 1.5 acres LQ K I 15 acres 1 5 ebr 1.5 acres
1, acres m
.QIT, 262 227 R1 L K I I
rD o ST. MARY ROAD
as LOT 1 ACCESS EASEMENT IN 65 LOTSA,, 10 11➢ 1 1
■�1 231 209 '180 205 - 01CLL10E5 LID 11=22
/(m y GLACIER LOOP LOT I AII0E6S6AsgJ{16Nr' 77P _
LOT 5 w LOT 4 p
m >„ 1 A acres 1.3 acres �cD. i ebti
t
LOT 1 •
OPEN SPACE
.4 ACRES / g
■� a
lj
r1r,
PHASE
324
Im
U
LOT36
c�
2.1 acres
Fp \
;g ooq i
226
`a
BLOCK
IV }
I4OLUDES
TS29-36 dl
�I
40LOT 34 LOT 35
1.6 acres
1.7 acres 01
LOT33 r LOT32
1.6 acres 1.6 acres
OPEN SP,
70
BLOCK I
INCLUDES LOTS 1 -0
66.6 acrestatal
(INCLUDES-:45,BAGRES OPEN SPACE
i1.&ACRES ACCESS EASEMENT)
PHASE I
1 of
GLACIER
TOWN
CENTER
PHASE 1 TOTALS
�J
DESCRIPTION TOTAL LOTS ACRES
NORTH
0 75 160' 300'
- f
COMMERCIALLOTS: 37 139.2 ACRES
I
-ol whkJi 21.3.cu is nc�eaa e.-t
_
40 40
DPEN SPACE/ -A : WA 24.8 ACRES
SCALE: 1' = 150'
278 780
DEDICATED ROADS WA 27.6 ACRES
LOT 14 �j LOT 15 � LOT 16
1 A acres 1.4 acres 1.5 acres
LOT 17M LOT 18�
1.6 acres'. 1,0 acres y5 �s�� 126
295 7 3 ,ay ARV" �y9
�9 LOT 19
1.3 acres
LOT 3
9.3 acresi
oz
GLACIER LOOP LOT 1 ACCESS FJ SEMENT
403 380'
I
N I LOT 25 LOT 24
j m 3.2 acres
3.4 acres
I
LOT I ACCESS EASEMENT 414
208 195 1 i96
o
LOT 31,
LOT- a
-OT 29
0
1.3 acres
1 3 acres.
acres
z
»
.-.TUIIOM
EROAD'
o.
. 671
4AS E,
-LOT 37
- LOT 20
m 1.2 acres `
x
r
O 214
O
LOT 21 .
5 U 1.1 acres N
n 213
m
m
� 1.2 acres
LOPEN077- / o LOT ACCESS
.3ACRE5 w EASEMENT
u
SP 236
LOT 23
3.3 acres
24i IIf PHAS
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AlicfiliEc(S
■■■� I DRAWN BY: • ADIM
- .HE-ED BY: OR -
DATE 0943 7
CTAR OLACMAL7
CADD FILE
BLO K IV !
INCLUDES 1-23-2E
LOT 28
3,5 acres
LOT 27 LOT 26 I 505 3,1 aCTES 2.3 acres
OLFOR
EVELOPMENT INC.
326 .p
OPEN SPACE o 296 RDA ON�
-
Q71 _ .. 632 0 70,p� •.
3 30 OPEN SPACE
3.9 acres
• PRELIMINARY PLAT
FOR
S 1 PHASE 1
GLACIER TOWN
MATCH LAVE PHASE ^ CENTER
SEE SHEET 2- B T H L I Y SFTEET
2 O F 3