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