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04. Resolution 5108 - Rescind Resolution 5004 - Final Plat - North Pointe Professional SubdivisionCity of Kalispell Planning Department Street .East. Suite 2 111, Kalispell, Montana 59901 Telephone: 751-1850 Fax: -8 vim: kal.nig.om REPORT ` TOO KalispeH Mayor and City Council FROM: Sean Conrad., senior Planner Janes H. Patrick, City Manager SUBJECT: Rescinding of North Pointe Professional Subdivision PMETING ATE; April 3, 200 The Tr .-city PlanningDepartment wai BACKGROUND:ved. the preliminary plat requirements for the North Pointe Professional essional Subdivision Februa- ry ruary 23, 25 subject to five conditions. On April 18, 2005 the City Council approved the final plat for the subdivision. After council granted approval the owners requested clan ication on one of the conditions of approval from the Planning Department* The response letter sent to the consultant dated May 2, 2005 clarified the Council's condition and stated that upon further review of the subdivision the Planning Department detern ned. that the preliminary plat should not have been waved because it does not comply with the rema-inder doctrine" which does not allow a subdivider to exclude parcel of land created by subdivision from subdivision review simply by declaring that the parcel is not part of the subdivision. The Planning Department also determined that proposed North Pointe Professional. Subdivision is the second subsequent subdivision from a tract of record requiring it to be reviewed as a major subdivision. n March 24, 2006 the City received a letter from the consultant, on behalf of the o ners, requesting that the unsigned documents pertaining to the subdivision be returned. The letter was clear that the owners did not want to argue the Planning Department's decision discussed in the May 2, 2005 letter and the approved plat will not be completed. RECbUMNAT motion to rescind Resolution. Soo , approving the final plat for North Pointe Professional Subdivision, would be in order. ALTERNATIVES: s suggested by the city council. 'FRIescinding of North Pointe Professional Subdivision. March 2, 2006 Page 2 Respectfully s 'tt d, Sear. Conrad arrs H. Patrick Scar Planner City Manager Report compiled: March 2, 2006 Attachments: Letter to Michael W. Fraser from the Planning Director dated 5/2/05 Letter to the Kalispell City Manager from Michael W. Fraser dated 3/23/06 cc ter/ att: Theresa White, Kalispell City Clerk cc w/o att: Mike Fraser, Thomas, Dean & Hoskins, 31 Three Mile Dave, Kalispell, MT 51 Letters WVEP Now Pointe Council memo. DOC 2 RESOLUTION NO. 5108 A RESOLUTION To RESCIND RESOLUTION No. 5004 WHICH APPROVED THE FINAL FLAT FOR THE NORTH POINTE PROFESSIONAL SUBDIVISION DESCRIBED AS AN AMENDED PLAT of LOT 2A of THE AMENDED PLAT OF LOT OF THE AMENDED PLAT OF THREE MILE DRIVE CORNER AND A PORTION OF LOT 20, BLOCK I of NORTHWEST TRACTS LOCATED IN SECTION I, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, on February 2, 2005 the T-City Planning Department waived the preliminary peat requirements of the North Point Professional Subdivision, subject to five conditions; and WHERE ► S, on April 18, 2005 the City Council approved the final plat for the subdivision; and WHEREAS, subsequent discussions with the landowner revealed that the waiver of the preliminary plat requirements was legally insufficient due to the creation of a .remainder parcel that failed to comply with subdivision regulation; and WHEREAS, the final plat was not recorded to afford the landowner the opportunity to further consult with his professional advisors, upon which the landowner is now requesting that the City Council rescind its action approving the final plat so that he may proceed with a new preliminary plat. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION .. Resolution No. 5004 is hereby rescinded and the City Clerk is directed to prominently mark on the face of the North Pointe Professional Subdivision plat previously approved by Council as rescinded and to not file it with the Flathead County Clerk and Recorder, PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPEL , THIS 3 D DAY OF APRI , 2006. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk C. Thomas, Dean & Hoskins, In TD& f MAR 242006 F rF 5 Engmeering Consultants KALISPE M1 + LL N #1G f - March 23, 2006 James H. Patrick, City Man,ager Clity of Kalispell P . '. Box 1997 Kalispell, MT 59901 Re: North Pointe Professional Final Plat .dear -Mr. Patrick: We proceeded with the Amended. Plat under our understmdIng of the rules in c. The lanning Director, aver the C ouncil's final r al. of the plat by Resolution. , raised several issues. We may not agree with the issues raised, but my client's best interests are not served by arguing. We are requesting the documents be rye . tmsl e . The platting as submitted and approved will not be completed. If you have my questions please feel free to contact me. Sincerely, HOMAS,, , A- & HOSES, INC. Michael W. Fraser., P.E. Mfg K04-019-002 e: Tom Jentz Charlie Harball R.chDj.a ep . 1 `e 4 .give, i ell, -� 9 0 06 , -5� FAX . . 2- . Tri,,City Planning OtTwe 17 Second Street East ---• Suite 2 11 Kalispell, Montana 59901 Phone: (751-1850 'a a 40751-1858 ri ate. n .n www.tricityplanning-mt.com May 2, 2005 Michael W. Fraser, P.E. Thomas, Dears and Hosts 31 Three iMfle Drive, suite 101 Ka. sp e , MT 59901 Re: North Pointe Professional Subdivision Dear Mike: This letter is in response to your letter dated Aprd 27, 2005 regarding North Pointe Subdivision and the condition or approval further reed and requested by the Kalispell Cif Council. After a closer look at the subdivision and the Montana. SubdMsion and Platting Act, it would appear that the subdivision regulations do not contemplate or allow the creation of a remainder parcel within a platted subdivision. Essentially this rests in the creation of are. additonal lot within a subdivision that has not gore through the revl env procedure. Our oboe should not have waived the preHmi ar plat for this subdivislon because it does not comply with the "remainder doctrine." Friends of Buli Lake Inc. v. the Board of County Commissioners of Lake County ry was decided M 1996 and the court states "'the emam er doctrine' does not allow a subdivider to exclude a parcel of land created y subdMsion from subdivision review simply by declarm-gthat the parcel is not part of the subdivision."' F rthe=ore, upon closer examination, see propose. Lot I of Thxee Mile Comer siabdivision was processed as part of a rain subdivision within the last, several gears, the propose. North Pointe Professional Subdivision is the second subsequent subdivision =rom a. tract of record as outlined in Section 76 -3- o . (Review v procedure for nor subdivisions, MCA. Should you decide that you would like to proceed with the Ming of a plat for this property, our office would have to process the request as a major subdivision. o address the issue which broiaght us to this juncture, the approaches that were issued by MDOT as part of the right-of-way acquisition for the Men -diary. Road upgrade project look as though they were issued to mow existing accesses to refrain. They do not appear to specify or anticipate a commercial use and a change in use may require additional review from MIDOT. Should you decide to move forward with this stibdivision, it would likely be the recommendation of the City that the accesses for this site be consolidated. It appears as though there is one access from Meridian road for the office building on Lot 1 of Three Mlle Corner subdivision., an access for the proposed Lot 1 of North Pointe Professional Subdivision and another access for the Zire .a,inder" parcel. Providing Community lmuinAssistance To: City of Columbia Fails * city of Kalispell * Cif of Whitefish Now Pointe Professional. Subdivision May 2, 2005 Page 2 If you have any additional insight into this matter, it would be appreciated. therwiY because of the issues owed above, the Kell City Council wiU need t rescind their approval the dal plat for Now Poste Professional, office will schedule this for the council consideration and action at their .e t regular meeting May 16, 2005. Should you have any . t ns regaxding this matter, please call me at (406) 758-1851. Sincerely, Thonaas R. Jentz Plarn g Director C Theresa White, Kalispeh City Clerk V/ Charles Harball., Kalispell City Attomey James I . Patrick, Kahspell City Manager RESOLUTION NO. 5004 A RESOLUTION APPROVING THE FINAL PLAT OF NORTH POINTE SUBDIVISION,, DESCRIBED AS AN BEN DE PLAT OF LOT 2A OF THEAMENDED PLAT OF LOT 2 OF HE AMENDED PLAT OF THREE MILE DRIVE CORNER AND A PORTION OF LOT 01 BLOCK OF NORTHWEST TRACT'TRACT'S 1.,OCATEDSECTION 1, TOWNSHIP 28 NOR HI RANGE 21 WEST, . M. ., FLATHEAD COUNTY, MONTANA. WHEREAS,, , Pointe Professimial Building * LLC, the owner of certain 'real property described above? has tits for approval the final b i i ioPlat of said property, and WHEREAS,, preliminary plat approval for this i 1� r subdivision was waived n February t�* 0, bv -the �. ri-City Planning. Office rig t S tion ; .0 of t Kalispell Subdivision Reauh,w.ons subject to fife conditions, all of whichhave been met, and WHEREAS, [ h e P roposesu bd ivision plat of said property is subject to the p ro vis i o ns o f S t-12.06 (Preliminary Plat Process -Minor Subdivision -Preliml na ry Plat Waiver),, Subdivisioln Regulations the City of Kqlispell, and WHEREAS., the Tri-C.1ty Planning Office has revicwed the proposed subdivision and made a report (KWP-055-1)to the City Council the Citv �r Kalispell, said report consIdering the ri te ria sit forth i n Section - -618 M.. .� and recoa d i n al plat approval of said su s ision- NO'W 'THEREFORE, BE i'r RESOLVED BY Tff E CITYCOUNCIL OF THE CITY OF KALISPELL, CTI : N 1. That the, Findings of Fact contained in Tri-City Planni-tig Office Report KWP- are hereby adopted a the Findings of Fact of the City} Council, SECTION11. That the application of Pointe Professional Building, LLC, for final plat approval of North o i tSubdivisionin Section 1. * Ftathead County, Montana, is hereby approved. S . 1(")N' ---11. The classificationa mi under the Kalispell Zoning Ordinance all not be changedby the action. SECTION V. That upon Proper t filing the� plat f said subdivision i the off-icethe Flathead Cty Clerk andRecorder., said premises shall be a subdivision r the City f Kalispell. PAS S E D A_NID APPRO VE D BY THE CITY COUNCIL OF TIJE. C1 T YOF KALIS PELL -i-NND SIGNED BY THE AYO 114 . 18 H AY . � : PRI , OO�y ATTEST: Theresa Whit r � =� _ ii•8 5r �}...++t r"�N.A. '*. 4 ',�i ,Y� - f �ry Y .�� Mavor OWNERS: POINTE PROFESSIONAL BUILDING. LLC, THREE MILE PROFESSIONAL lriC BY- THOMAS. DEAN AND HOSKINS. INC. 690 MOM" MEMDMAN SUrM 1101 KAUSPEUL, UT. 5 l PHONE: 4 ) 752-62" DATE. MARCH. 200 A li . OF REAPKI i x .x . 1 0/i PI NORTH POINTE PROF AN AMENDED PLAT OF LOT 2A OF THE Ail OF THREE MILE DRIVE CORNER, AND A F TRACiS, LOCATED IN THE SOUTHEAST SECTION 1, TOiNNSMIP 28 NORTH, RANGES 7 +66*L*E *y y q,gg MADU ` "fb= 117M LV r } I}CG-Erl *0 233r 4! _. jQ . psj F-F1f.y[; ' t037 ACRES w2 U r [+ks�'01 �7}s � $'5 t' +t' r'b' Viz do G- LOT I zi P 1040 ACRES qc f * � rlllE SOW49' 0-W 14 , i 874 0'W 0 . 1' L .., H R E—EM I L. +� 1 �+��.�y SIV48' V 251 - 1' 0 40*Wip 120" S 0 A LINE TABLE LINE SEARING DISTANCE_ L, i NW 1O'40*"W 11,590 L.2 N4a '01 "E 18,22' L4 30'0811 23. ' LS N06*03'0 I " 8,46r L$ NOCrI0' 0"W 11.9t L N 9'4 ' 0 2-00! CURVE TABLE CURVE LENGTH WJ DELTA CHORD CHORD BEARING Cl 25,1+' 61.0 38' 1" 2 4. 9' 1 N 1 V 3812 7 w