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).
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