2. Preliminary Plat Extension - Village Heights SubdivisionREPORT
SUBJECT
City of Kalispell
Planning Department
1 - 2"a Street .fast, Suite 211, Kalispell, Montana 59901
'toe: 1 - 10
Fax: 751-1858
W sit : kalispellplanning.com
Kalispell Mayor and. City Council
Narda. A. Wilson, Senior Planner
James H. Patrick, City Manager
Village Heights Subdivision. - Request for one-year preliminary
plat extension
MEETING DATE: November 7, 200
BACKGROUND: This is a request by Sands Surveying on behalf of their client, Ka.l-
Mo t Dairy Farm, for a. one-year extension to the reliminary plat of Village Heights
Subdivision. This subdivision creates four townhouse lots consisting of four two unit
townhouses located on the east side of Village Loop north of West Evergreen. Drive.
The prelinfinary plat was approved roved y Resolution #4712 for a three-year period. The
subdivision has generally languished and the final plat for the subdivision has not
been filed. The three year approval period ended in dune of 2005 and it was are.
oversight that an earlier extension request was not made. The surveyor is therefore
requesting a. one-year extension for the approved preliminary plat at this time or until
June 17, 2006.
Section 2 . o 5 of the Kalispell Subdivision Regulations does allow the applicant to
request and the Council to grant a. one-year extension to the original 3 year approval
time. The courts have found that the goveming body may extend prelimffiary plat
approval within a. reasonable time following the expiration of the ongr al approval.
period. A gap of a reasonable length et Teen the expiration of the original approval
and the granting of an extension does not result in a lapse of the approval(Oldenburg
County of Flathead, .
RECOMMENDATION: A motion to grant a one-year extension to the preliminary plat
approval of village Heights Subdivision until June 17, 2006 would be in order.
FISCAL EFFECTS* Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council..
Village Heights Preliminary Plat .extension
November 1, 2005
Page
Respectfully submitted,
s
Narda A. Wilson
Senior Planner
Report compiled: November ., 2005
amen H. Patrick
City Manager
e: Theresa White, KahspeH City Clerk
Sands Surveying, 2 Village Loop, Ka is el , MT 59901
Attachments: Letter of request from Sands Survey
Resolution 5
Citation
Vicffiity map
Preliminary plat
T A MITTA V . AG HEIGHTS EXT MEMO
October 10, 2005
Kalispell City Planning Office
211 Second Avenue East
RE: Village 'terrace Subdivision
Dear- Naar a..
Due to unforeseen circumstances, the preliminary plat approval for the above -mentioned
subdivision has expired. We would like to ask the City Council to extend the deadline
for one additional year. Most all of the improvements have been completed and it
shouldn't be too much longer before the final plat will be submitted.
Thank you for your kind consideration of this request.
Sincerely,
'ca Wir a. a., Planner
RESOLUTION NO. 4712
RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
VILLAGE HEIGHTS SUBDIVISION, MORE PARTICULARLY DESCRIBED AS TRACT
OF SECTION OWNS P 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD
COUNTY, MONTH` .
WHEREAS, Kai. -Mont Dairy Farm, the owner of certain real property
described above, has petitioned for approval of the
Preliminary Plat of said property, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission
held a public hearing on May 28, 2002, on the proposal
and reviewed Preliminary Plat Report KPP- o2-1 issued by
the Try. -City Planning Office, and
WHEREAS, the Ka2ispe2l City Planning Board and Zoning Commission
has recommended approval of the Preliminary Plat of
Village Heights subdivision, subject to certain
conditions and recommendations, and
WHEREAS t the City Council of the City of Kalispell at its regular
Council Meeting of June 1, 2002, reviewed the r i - C i t
Planning Office Report KPP - o 2 -, reviewed the
recommendations of the Kalispell City Planning Board and
Zoning Commission, and found from the Preliminary Plat,
and evidence, that the subdivision is in the public
interest.
Now THEREFOREt BE IT RESOLVED BY THE CITY COUNCIL of THE CITY of
KAL S PE L , MONTANA AS FOLLOWS:
SECTION That the Findings of Fact contained in Tr -
City Planning Office Report K - 02 - 1 are
hereby adopted as the Findings of Fact of the
City Council.
SECTION 11. That the application of Kal.- Mont Dairy Farm
for approval of the Preliminary Plat o
Village Heights Subdivision, Kalispell ,
Flathead County, Montana is hereby approved
subject to the following condition
.. Development of the subdivision shall be platted in substantial
compliance with the approved preliminary plat which governs
the number and location of lots wi thin the subdivision.
2. That the roadways serving the subdivision shall be constructed
in accordance with the adopted Design and Construction
Standards for the City of Kalispell for local roads. A letter
from an engineer licensed in the State of Montana certifying
that the two ement s have been in tad according -to the
required specifications shall be submitted at the time o
final plat approval along with a letter from the Kalispell
Public Works Department ent tat n that the required improvements
have been inspected and comply with the City standards.
. That a Certificate of Subdivision Approval be obtained from
the Department of Environmental Quality and written approval
by the Kalispell Publ is Works Department approving the water
and sewage facilities for the subdivision.
storm ,rater management plan which has been designed by an
engineer licensed in the State of Montana shall be prepared
which complies with the City' Design and Construction
Standards and shall be reviewed and approved by the Kalispell
Public Works Department.
. That the developer shall obtain written approval for the
increased .impacts to the existing approaches onto Whitefish
Stage Road and 'hest Evergreen Drive from the Montana
Department of Transportation, Flathead County Road Department
and Kalispell Public Works Department and any conditions r
improvements associated with the approvals be completed prior
to final plat submittal.
. That Village Loop shall be upgraded to City standards .�.
accordance with the Ci ty of Kalispell's Design and
Constru.ct.on Standards for urban streets.
. 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
approved by the Kalispell Fire Department prior to finalplat
submittal.
8. The developer shall provide a plan for mail service approved
by the U.S. Postal. Service.
. Street lighting shall be located within the subdivision and
shall be shielded so that it does not intrude unnecessarily
onto adjoining properties.
10. The parkland dedication requirements shall be met with cash in
lieu of parkland equal. to 11 percent of the 1.83 acres in lots
or 0.20 acres based on a valuation o $10,000 per acre. The
total value of the land, improvements ent and cash in lieu o
pa.rkla.nd dedication should. equal $2 , 00 .
11. All utilities shall be installed underground.
12. That the fW access and suppression. V kemcomply with the
Uniform Fire Code an.d a letter from the Kalispell Fare
Department arov.n.g the access and number and placement
fire hydrants within the subdivision shall be submitted with
the final plat. The fire access and suppression systemshall
be installed and approved by the fire department prior to
final plat approval.
13. All areas disturbed during development of the subdivision
hall be re -vegetated with a weed -free mix immediately after
development.
. That preliminary approval shall be valid for a period . of three
gears from the date of approval.
SEQT.10N III. Upon proper review and filing of the Final
Plat of said subdivision ire the office of the
Flathead County Clerk and Recorder, sald
premises shall be a subdivision of the City of
Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL of THE CITY of KALISPELL,
THIS 17TH DAY OF JUNE, 2002.
V
r ' x
Randy e yo . -.
u'l Chairman.
ATTEST
5
1
Theresa white
City Clerk
interest" determination in
i subdivision.]
to address all of the review
ning body acts beyond its
)dy may not ignore its own
aunty Commrs, 287 Mont,
Foudd apply if the governing
:eriat contained in section 76-
express findings regarding
the proposed subdivision's
the governing body to the
findings but only summaries
kgn v. Flathead County, 293
ad Operating Rules the Act
hart a town's governing body
conform to the goals of the
Faith, safety, and welfare of
he preliminary subdivision
i y r R, V., D4. v. Town O,
g fired b section 6-3-60,
y approve, or disapprove a
+ 6. 24 v_ Board of County
issues written finding of fact.
'3), MA, nor notifies the
uid not meet as required b
mrsued its authority and the
to the governing body for
s and Clark Co., No. -
ider denying a subdivision
teria set Forth in section 6-
.[on rather than reiterating the
er-gin v. Flathead County,
Internal Operating Rules the
The term of the approval of a preliminary plat is determined by reference to the statutory tern
limitation that existed at the time the approval was granted. Utter opinion to Jim Nugent, Esq..
January 12, 1984,
v B d i d to 'v'
Under section 2-9-11 1, MCA, a county and board of county conrnissione's are rune from
suit for negligence in the administration of the Act and local subdivision regulations in connection
with the approval of a subdivision. W.D. Construction, Inc. v. Board of Counry Comm `rs, 218
Mont. 3, 77 P,2d 1111 198). [Note: This decision has been superseded by 1991
amendments to section 2-9-111, MCA, which now grants local governments immunity from snit
for legislative acts only.]
F. DsInatign.QLA—uthority.w. Approve SuhdivisioM
A governing body may not delegate the approval, conditional approval, or disapproval of
subdivision plats to a planning hoard or a planning board's staff. 41 Op. Att"y Geri. No.' 6
1986).
Under section 76-3- 3), MCA, the governing body must, itself, consider the subdivision
review criteria contained in section -3-608 3 , MCA, i id issue written fmdings of fact weighing
these criteria. 1t may not delegate this responsibility to its planning staff. M i gin v. Stoll
-
Anderson, rson, Lewis and Clark Co., No. -93-1 09, 1994.
The 1 -d y notice requirement of section 76-- 3 , MCA, is mandatory, and the giving
of even one day less notice than required is inadequate and invalidates the hearing process. The
doctrine of "'substantial compliance" is inapplicable to this notice requirement. Friends of Bull
fie# Inc. v. Board of County Commrs, Lincoln Co No. V--12, 1996.
A. subdivision review and approval carried out in violation of Montana's open meeting law
(section 2-3-203, MCA.) is invalid. Board of Trustees, Huntley Project School Dist. r. No. 2.
Board of County Comm -rs, 186 Mont. 148, 606 l .2d 1069 (1980).
61
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VICINITY MAP
KsAL—MONT DAIRY FARM
PRELIMINARY PLAT (VILLAGE HEIGHTS)
AN 8 LOT TOWNHOUSE SUBDIVISION ON 2.433 ACRES
RA-3, RESIDENTIAL APARTMENT / OFFICE
CITY OF KALISPELL ZONING JURISDICTION
R= DAT6:4I25/02
FILE# KPP-02-1 SCALE 1" = 250"
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