Loading...
4. Preliminary Plat Extension - Meadow Creek SubdivisionREPORT TO: liffe-Urr SUBJECT: MEETING DATE: Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity*centurytel.net www.tricitypianning-mt.com Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Meadow Creek Subdivision - One Year Extension on the Preliminary Plat July 21, 2003 BACKGROUND: This is a request by Jackola Engineer and Architecture for a one- year extension on the preliminary plat of Meadow Creek Subdivision, a ten lot residential subdivision on 1.64 acres located on the southwest corner of Eighth Avenue East and Twelfth Street East. The property is zoned R-4, Two Family Residential and the lots on intended for duplex townhouses. The preliminary plat was approved by Resolution 4544 for a three-year period on March 6th 2000. The developers are nearly finished with the required improvements and are very close to the submittal for final plat approval. There has been some questions regarding the annexation of Twelfth Street West and they developers are working with the County Commissioners to address the issues. The Kalispell Subdivision Regulations and Montana Subdivision and Platting Act allow the Council to grant a one-year extension in addition to the original three year approval. RECOMMENDATION: A motion to grant a one-year extension to the preliminary plat approval for Meadow Creek Subdivision would be in order. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, ?4414 17 r Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: July 15, 2003 c: Theresa White, Kalispell City Clerk Attachments: Letter of request from Jackola Engineering Resolution 4544 Vicinity Map Citation Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls July 9, 2003 2003 JUL - ; Narda Wilson Tri-City Planning office City of Kalispell 17 2nd Street E. Kalispell, Montana S9901 Dear Narda: On behalf of our client, KMTS, LLC, we hereby request an extension of 1 year to SECTION IV of the Preliminary Plat Approval of Meadow Creek Subdivision. This states that "That this Preliminary Plat approval shall be valid for a period of three (3) years from the date of approval." The letter was passed and approved by the City Council and signed by the Mayor of the City of Kalispell, the 6 th Day of March, 2000. We are at the final stages of the Subdivision and would be submitting for Final Approval by the end of this month. Should you have any questions, please do not hesitate to contact us. Thank you. I remain . . . . . sfz c e r e 1, Thor A ackIola TAJ/jb (P)405.755.3208 (F)406.755.321 8 RO SOXI 1 34 -1 830 3" AVE E SUITE 302, KAL-ISPELL,MT.59901 RESOLUTION NO. 4544 A RESOLtITION APPROVING THE PRELIMINARY PLAT OF MEADOW CREEK SUBDIVISION, FLATHEAD COUNTY, MONTANA. WHEREAS, KMTS, LLC, the owner of certain real property known as Meadow Creek Subdivision, located on the southwest corner of Eighth Street West and Twelfth Avenue West, Kalispell, Flathead County, Montana has petitioned for approval of the Preliminary Plat of said property, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission held a public hearing on February 8, 2000, on the proposal and reviewed Subdivision Report #KPP-00-1 issued by the Flathead Regional Development Office, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Meadow Creek Subdivision, subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of March 6, 2000, reviewed the FRDO Report #KPP-00-1, reviewed the recommendations of the Kalispell City - County Planning Board and Zoning Commission, and found from the Preliminary Plat, and evidence, that the subdivision is 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 Flathead Regional Development Office Report #KPP-00-1 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of KMTS, LLC for approval of the Preliminary Plat of Meadow Creek Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: 1. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the location of lots and roadways within 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 and include the pavement, curbs, gutters, storm drainage, sidewalks and a minimum five foot landscape boulevard with street trees placed in accordance with a plan approved by the parks and recreation director. The sidewalks installed within the cul-de-sac can be attached to the curb and shall be on both sides of the street. Sidewalks shall be installed on the south side of Eighth Street West and the west side of Twelfth Avenue West. A letter from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required specifications shall be submitted at the time of final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City standards. 3. That the southern portion of Twelfth Avenue West be annexed into the City of Kalispell prior to the filing of the final plat and that documentation be provided that this is a public right-of-way or that access has been granted through a private easement. 4. A storm water drainage plan, which has been designed by an engineer licensed in the State of Montana, shall be prepared which complies with the City's Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department. 5. That a Certificate of Subdivision Approval be obtained from the Department of Environmental Quality and written approval by the Kalispell Public Works Department approving the water and sewage facilities for the subdivision. 6. That an approach permit for the proposed access onto Twelfth Avenue West shall be obtained from the Kalispell Public Works Department and any conditions or improvements associated with the permits be completed prior to final plat submittal. 7. The cul-de-sac road 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. 8. The developer shall provide a plan for mail service approved by the U.S. Postal Service. 9. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. 10. That cash -in -lieu of parkland dedication be required in the amount of one -ninth of the area devoted to lots or 0.15 acres in the amount of $5,400. The developer may provide information to alter the amount of required cash - in -lieu of parkland based upon either the amount paid for the property within the last six months or an independent appraisal. 11. All utilities shall be installed underground. 12. That a letter from the Kalispell Fire Department approving the access and number and placement of fire hydrants within the subdivision shall be submitted with the final plat. 13. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. SECTION III. The classification of said premises under the Kalispell Zoning Ordinance shall not be changed by the action. SECTION IV. That this Preliminary Plat approval shall be valid for a period of three (3) years from the date of approval. SECTION V. That upon proper review and filing of the Final Plat of said subdivision in the 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 RI—TAE MAXOR O-F THE CITY OF KALISPELL, THIS 6TH DAY OF MARCH, 2000. Boharski Mayor ATTEST: At� Theresa White City Clerk D. Term and E-y. Mion of PreljUinary Plat Approval Under section 76-3-610, MCA, the governing body may extend preliminary plat approval within a reasonable tmie following' the expiration of the original approval period A'gap of a reasonable Ien betRreen the - gth exptrattan of tbn a9fn' al` approval and the-bfaireuirisibxr does not result m' a lapse of the approval: QT�eriburg v `Gataaip ad �}8.1 .i28; 6' The governing. body is authorized by section 76 3-610(1), 1VICA, to estabtisir the teimc,a preliminary plat approval, within the statutory minimum and maxitrimn of one, and three year. Letter., opinion to.7im Nugent, Esq., Tammy 12, 1984. it i f R f i ` i . i %1! f!= f .l ! i il+•i R "'i a." ii f%." >: i#lixi x #a !% i " f !1 " Ii' R ! { .%! i".# w.Il' { { # i # if #ii '2 {iJanuary 12, xu4 x a* 4. Nealk=e of { " ti__1 '. i { a i_ i i� i._- rh Subdvis l Tnciez section 2 9=1I1 MCA, a cotuuy auk beard o�eau* eo wqff, dlie a ravat oia-subdivision. W-0, Consauction, Inc v Bvii-rr 6ft- amendmeztts�to secuon2-9-1"11. MCA aFbich nay grarrts local g€ivernineiiC far l"attve`acts or.] E. . Delegation of Authority to A=ave Subdivisions l; A;.gpverniug body may not delegate.the approval., conditional approv4, or' , _ „' a, subdivision plats to a planning, hoard or a piannutgw board's. staff, 41 E7p Att`y Gen... No 64 (198 Llnder_section 76-3=608{3) MCAJbe gove ntug bodyl multi .iisei%, cz t stt renteria contained ru section 76-3=6D8(3�, ItrICA; and'issue writteir�gsof�`g� these erttexia. lt'inaX not`delegate tills responsibility to tts ph�nning" stafF tplektgirt v: ,.k .. 4nderson; i ewis and (:lark Co:, No: Ci?V-93-2009; 1994: ' Tlk'S day notice requires ern of sectadir 76-3-605f37, MCA, is mandatory; and thb.— ' of one, day less uotice,than required is ivadequate'andznvaiidates.tite process. I _t . Hof` substantiai,compliance `is inapplicable to this. notice regttsrem . Fneneitof Bull' v. Board`ofCautaty �:omm'rs, Lincoln Co., Nbr. DV95-12; I9+96. Asuhdivision review and approval carried out in violation of Montana's open meeting law (secttoir2-3-203, MCA) is invalid. Board`of 2raames, Himley,Project Scheoi Dim M. 24 v. Boarcf'af County Commis, 186 Mont. 148, 606 P.2d 1069 (1980). fil "I ll .f 11