Loading...
2. Resolution 5372 - Preliminary Plat Extension - Autumn CreekPlanning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner Myrt Webb, Interim City Manager SUBJECT Autumn Creek request for one-year preliminary plat extension MEETING DATE: July 20, 2009 BACKGROUND: This is a request by Thomas, Dean & Hoskins, Inc. on behalf of their client for a one year extension for the preliminary plat of Autumn Creek. The Autumn Creek subdivision is a 20 lot residential subdivision approved on October 2, 2006 by the Kalispell City Council subject to 22 conditions. Autumn Creek lies north of Hwy 2 West, on the east side of Hathaway Lane. The subdivision includes 16 single family lots and 2 two -unit townhouse lots on approximately 8.7 acres zoned R-2, Single Family Residential. The Kalispell Subdivision Regulations requires a preliminary plat to be filed within three years of approval. This would require the final plat for Autumn Creek to be filed by October 2, 2009. A one year extension would give the developer until October 2, 2010 to file the final plat. RECOMMENDATION: A motion to adopt the resolution and grant a one-year extension to the preliminary plat approval for the Autumn Creek Subdivision would be in order. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, /Y1_ZL Sean Conrad Senior Planner Report compiled: July 14, 2009 M Webb Interim City Manager c: Theresa White, Kalispell City Clerk Douglas Kauffman, TD&H, Inc., 35 Three Mile Drive, Suite 101, Kalispell, MT 59901 Attachments: Letter of request from TD&H Vicinity map Preliminary plat RESOLUTION NO. 5372 A RESOLUTION APPROVING A ONE-YEAR EXTENSION TO THE PRELIMINARY PLAT OF AUTUMN CREEK SUBDIVISION, MORE PARTICULARLY DESCRIBED AS ASSESSORS TRACTS 6AAK, 6DI AND 6AB LOCATED IN SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, the City Council of the City of Kalispell passed Resolution 5153 on October 2, 2006, approving the preliminary plat for Aspen Creek Subdivision, subject to certain conditions, and WHEREAS, Thomas, Dean & Hoskins, Inc., on behalf of Lee and Linda Hershberger, now desires a one-year extension to the preliminary plat due to the downturn in market conditions, and WHEREAS, Section 2.06 of the Kalispell Subdivision Regulations and Montana Subdivision and Platting Act allows the City Council to grant a one-year extension to the preliminary plat in addition to the original three year approval; and WHEREAS, good cause exists for the request for extension by Thomas, Dean & Hoskins, Inc. and it is in the best interests of the City that the 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 Thomas, Dean & Hoskins, Inc. for a one-year extension of the preliminary plat of Autumn Creek Subdivision, Kalispell, Flathead County, Montana is hereby approved with the conditions previously required by Resolution 5153. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 20TH DAY OF JULY, 2009. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk Thomas, Dean & Hoskins, Inc.-' RE IN E D TD& Engineering Consultants E ^. " a4) t 4 f i1 Uji'Y CLERK May 27, 2009 City Council City of Kalispell PO Box i 997 Kalispell, MT 59901 Re: Autumn Creek Deal- Council: On behalf of our client, we would like to formally request an extension of one calendar year of the preliminary plat approval of Autumn Creek, as set forth in Section 2.06 (E) 7 of the Subdivision Regulations of City of Kalispell. The conditional approval was granted by Resolution 5153 on October 2, 2006 and will expire October 2, 2009. We are requesting an extension of the approval to October 2, 2010. Sincerely, THOMAS, DEAN & HOSKI S, INC. Douglas J Kauffina i DJK/lgh K05-073-002 Cc: Lee Hershberger Thoinas .Lentz JA2005\K05-005\K05-005-001 Ponderosa Hts PUD\Word\5.27.09 Letter CountyConvnissioner.doe 35 Three Mile Drive, Suite 101 . Kalispell, MT 59901 0 (406) 751-5246 . FAX (406) 752-5230 RESOLUTION NO. 5153 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF AUTUMN CREEK SUBDIVISION, MORE PARTICULARLY DESCRIBED AS ASSESSORS TRACTS 6AAK, 6DI AND 6AB LOCATED IN SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Lee and Linda Hershberger, the owners of the certain real property described above, have petitioned for approval of the Subdivision Plat of said property, and WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on August 8, 2006 on the proposal and reviewed Subdivision Report #KPP-06-10 issued by the Kalispell Planning Department, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Autumn Creek Subdivision subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of October 2, IM9 TP[/,PCSTPl1 the V� Eo—n AlonriinnTlPr»rf—f ID.—f f%rIUD ()( 1A r -1 the 4V V V, t V V 1V YY Vu Lllt 11C111il1.Jt�11 1 1LL1711111�, Lt�1J CAl U11411L 1\t,11V1 L TTllL 1 -V V-1 V, l e v 1. W tiU Lilt, recommendations of the Kalispell City Planning Board and Zoning Commission, and found from the Preliminary Plat, and evidence, that the subdivision was in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the Findings of Fact contained in Kalispell Planning Department Report #KPP-06-10 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Lee and Linda Hershberger for approval of the Preliminary Plat of Autumn Creek Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. (Kalispell Subdivision Regulations, Appendix C — Final Plat) 2.New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards; and shall be certified by an engineer licensed in the State of Montana. All work shall be reviewed and approved by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. In addition to the new City streets within the subdivision Hathaway Lane, as it fronts the subdivision, shall be improved to the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards. (Kalispell Design and Construction Standards and Findings of Fact Section D) 3.The developer shall submit to the Kalispell Public Works Department an engineered drainage plan that meets the requirements of the current City standards for design and construction. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the improvements have been built as designed and approved. (Kalispell Design and Construction Standards) 4.A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell. (Kalispell Design and Construction Standards) S.If any work is to be done within the creek the developer shall submit a 310 application to the Flathead Conservation District prior to any construction. 6.That an easement shall be obtained from the adjoining property owner to the northeast granting the right to cross those properties for utility extension purposes. (Kalispell Snhriivk6on Rernilatinn-.. Sectinn 3_08 W- 7.The following requirements shall be met per the Kalispell Fire Department: (Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. C. Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter 5. d. It should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e. Street naming shall be approved by the fire department. 8.That a letter be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section 3.11). 9.The area designated on the plat as "park" will meet the parkland dedication requirements provided that it is developed to create a recreational amenity within the subdivision. Those park improvements shall be addressed in accordance with a plan approved by the Kalispell Parks and Recreation Director so as to provide a recreational component within the development and, at a minimum, the park improvements shall equal a cost amount of 0.31 of an acre of the fair market value of the undivided, unimproved land. A letter from the Kalispell Parks Department shall be provided at the time of final plat that outlines the improvements and confirms those improvements have been made. (Kalispell Subdivision Regulations, Section 3.19 and Findings of Fact Section D). 10. The developer shall obtain a permit from the Flathead County Road Department to improve Hathaway Lane to a standard 24-foot width with 4-foot shoulders on either side of the roadway from the intersection of US Hwy 2 West north along Hathaway Lane for a distance of 150 feet. A letter from the Flathead County Road Department shall be submitted stating that all improvements along Hathaway Lane have been completed. (Findings of Fact Section D) 11. A homeowners association shall be created for the maintenance and upkeep of the park serving the subdivision. (Findings of Fact Section D) 12. The following notes shall be placed on the face of the final plat: a. On lots 5 and 6 garage construction shall be located between the house and the future bypass area as shown the plat of Autumn Creek subdivision. h !-nnctrnt-tinn of hnmac nn lntc S and A chall ntilivF cnnnrl_ahcnrhant matPrialc alnna tha side of the house facing the highway bypass. (Findings of Fact Section A) 13. A note shall be placed on the face of the final plat that waives protest to the creation of a special improvement district for the upgrade of Hathaway Lane to urban standards. (Findings of Fact Section D) 14. Townhouse lots within the subdivision shall be identified by a lot number and letter A or B. 15. The Kalispell Bypass corridor shall be indicated on the final plat as a separate parcel along with a note that states "reserved for future right-of-way acquisition", or if the State has acquired the property as the "Proposed Kalispell Bypass" and not be made part of the proposed lots. (Findings of Fact Section D) 16. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved (Kalispell Subdivision Regulations, Section 3.09). 17. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 18. Prior to filing the final plat a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the plans to be reviewed by the Public Works Department. (Kalispell Subdivision Regulations, Section 3.22). 19. Street lighting shall be located within the subdivision and shall have a full cutoff lens so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). 20. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 21. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 22. That preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). CF(`TT(1N TTT 1T"nn r rnr,ar ra\ iA\v —A filinn of tha Ainol Alot of coin c111�r1i\ icinn in th. V 1.JV 11V1\ 111. VF ` F `F ` 11 Y11�YY Ul1U '111�, Vl 1111.i L 111U1 i lUl Vl JUlU JUlll_:1Y1011111 111 111L office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 2ND DAY OF OCTOBER, 2006. Pamela B. Kennedy 01 Mayor ATTEST: Theresa White City Clerk 6CDBA 6ED 1"Y 6 E E N N R-1 #34 \\ w RA- (scB 6EE zc 6CA \ sPARK N 2CE 6D A \' 4. h .1....::..::............. DJ 6AC 6KC 7AD i 6DH \ . \\ 6DHA =v, D \ .................. :::: 3 T_ F 6DF 6AA 6AA \ i 6DH .....::........ t_ 6DHBB 6AAM ,+ --------- DF :.6DC 6A 6 6AAJ L ..�. v 6DHBA < N6J a 6H 6DF < Lo ¢ .6AA 6 \ / 6DF 6AA H J A,B,F C, +A,EA i6C = COUN Q I NA R-1 C co 13DB 16 D u 13 13C u co 13D 5 16B _— VICINITY MAP SCALE " - 3 D' LEE & LINDA HERSHBERGER PRELIMINARY PLAT - AUTUMN CREED A 21 LOT (17 SINGLE FAMILY, 4 TOWNHOUSE) SUBDIVISION ON 8.69 ACRES - FILED CONCURRENTLY W AN ANNEXATION & INITIAL ZONING AND A CONDITIONAL USE PERMIT FILE 4 KP P - -1 O PL4UT DATE / /08 ems\ \kp®r0. wg m O 4 H m d w � O O 114 UN Q Q Q N w ko o o O N Q U N ,00'4£ to O (D M N N LC 16 .00'4£ W Q U O cl CD 00 N O z L11 � 6Zl Lj Q O N o M 1 w J ¢ co co o _f^ c, `" L31 N 00"07'00" W5:1 215.61' /! Lo O L33 L36 L37 L40 L43 m 07 L8 U i z z M Q U Q N m v U Q M U Q M N O U Z N W N N r N rO O U O O 60 O W LS Q L0 �,k5 O O J O1 J M < l34 L38 O L79 Z < O U N z p W WINTER COURT L V rr 12 o N 00°14'52" W N 00"14'52" W 152.14' L80 �6a LJ 2 � CN r 73 � r Q D U W w � od L 2,0 N vry v'oh ^ 5 ® p N O LSl z U L w J Q �g3 Q W W V, WW U Q o 2 0 p Q .- N y9 v L N ® o �r J N �f W O N LL�7 S 00°13'35" E 234.80' r L ( CC) L60 _ w z o + CC Z a �,5 w J o U 2 n3 m L CC 00 ¢ a ¢ a d a Li O O L82 L73 z m I rD N N Iq Z S 00°13'35" E 304.62' ri o 0 o ai D co — N m to m In �o M -- - M of N N N O O m µ MN :It N ONOO!o 01 of MN 00 �Ma.-NOto <o 1� N N N V .- O M h to iA to Rio Q to to M M ZO Zo O N b O M N Ot m io N M w O w J 0] O 0 0 0 0 0�0000000 . . . o0 . . . .>< lllllo ro� mooco �nmco �o 00 U= M 7 Lo M M d' N N d' to m I� N r r mM a M t0 W o) o) '- M ^ d' U W V' d' to O Lo o m N 00 6 o (o of M N cV J to w N U M o U U U o u u u U u U U � U U U U U U a H O ce E- F E, W E CCa o0 a o 0 6 W W O 6 z z x A w z O ow 4 o w M H o a a x