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3. Resolution 5663 - Preliminary Plat Extension - Silverbrook Estates Phase 2Planning Department 2011" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalisyell.com/nlanning ]REPORT TO: Doug Russell, City Managerpe. FROM: Kevin LeClair, Senior Planner, Kalispell Planning Department SUBJECT: Silverbrook Estates Phase 2 — Request for 2nd Preliminary Plat Extension MEETING DATE: February 18, 2014 BACKGROUND: The Planning Department received a request from F&H Land Surveying Inc., on behalf of the owner of Silverbrook Estates Phase 2, for a second and final two-year extension of the preliminary plat. Phase 2 includes approximately 167 acres, which is the remaining acreage to the north of the 325 acres of Silverbrook Estates Phase 1. Phase 2 lies at the southwest corner of the intersection of Highway 93 North and Church Drive. The 167 acres that make up Phase 2 can be described as Tract 3 and a portion of Tracts 4 and 5 of Certificate of Survey 15896, located in the NE 1/a of Section 13, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. The subdivision would create 196 single-family lots, 90 townhouse lots and 13 commercial lots. The Kalispell City Council approved Phase 2 in March of 2009 subject to 43 conditions, which gave the developer three years to construct and file for the final plat. In January 2012, the City Council granted a two-year extension to the preliminary plat for good cause, which extended the deadline for final plat application to March 2014. On November 27, 2013, the Planning Department received a letter from F&H Land Surveying, Inc. requesting a second two-year extension of the preliminary plat, which would establish a new deadline of March 23, 2016, for final plat submittal. Pursuant to section 28.2.07.D.7 of the Kalispell Subdivision Regulations, the City Council may grant a second two-year extension if the final plat has not been submitted by the end of the first extension. No additional extensions beyond the second are allowed. This section requires that the request be made in writing at least 60 days prior to the expiration, and document the following four conditions: 1. The existence of an unusual hardship. 2. That a significant public good would be accomplished through the extension as opposed to a specific economic hardship related to the owner. 3. That there are no changes to the immediately abutting properties that would be adversely affected by the approval process; and 4. Because of the lapsed time since the original approval, that the preliminary plat is not in conflict with recently changed policies or regulatory schemes adopted by the city that would be undermined by further time extension. The written request received on November 27, 2013 from F&H Land Surveying, Inc., included documentation pertaining to the four conditions enumerated above. The applicant stated that the economic recession "greatly inhibited the sale of lots in Phase U' This lack of sales along with the general supply of other lots for sale "has not warranted the need to construct and file Phase 2." The applicant's request goes on to explain that the public good would be served by the extension of the preliminary plat of Phase 2, because it contains both a commercial center, along with a number of "affordable home sites." The applicant then describes that there have been no changes to the properties immediately abutting the preliminary plat, which includes Church Drive on the north, Highway 93 on the east, the Stillwater River on the west, and the single-family residential home sites of Phase 1 to the South. Finally, the applicant correctly asserts that there have been no policy changes or regulatory updates that would be undermined by the extension. There is the current shortage of sewer line capacity to serve new growth west and north of the City. This shortage impacts Silverbrook Estates Phase 2, because the City does not currently have adequate sewer line capacity to serve the equivalent residential units (ERUs) generated when Phase 2 is completely developed. That said, the extension of the preliminary plat of Silverbrook Estates Phase 2 does not guarantee that sewer capacity is or will be available. Only an executed Municipal Facility Exclusion (MFE) reserves sewer capacity to a given project. When the final engineering plans are developed for the final plat of Phase 2, the developer will need to determine needed and available sewer capacity in order to gain final plat approval. The developer has not submitted any final engineering plans to the City for review. It is possible that by the time the applicant prepares final engineering plans for the subdivision, adequate sewer capacity could be available due to construction of the West Side Interceptor. RECOMMENDATION: It is recommended that the City Council adopt the resolution and grant a second and final two-year extension to the preliminary plat approval for Silverbrook Estates Phase 2 subdivision. Respectfully submitted, Kevin LeClair Senior Planner c: Theresa White, Kalispell City Clerk RESOLUTION NO.5663 A RESOLUTION APPROVING A TWO-YEAR EXTENSION TO THE PRELIMINARY PLAT OF SILVERBROOK ESTATES PHASE 2. WHEREAS, the city council of the City of Kalispell granted preliminary plat approval for Silverbrook Estates Phase 2 on March 23, 2009; and WHEREAS, the city council of the City of Kalispell granted a two-year extension of the preliminary plat for Silverbrook Estates Phase 2 on January 23, 2012; and WHEREAS, F & H Land Surveying, Inc., on behalf of the owner, has requested an additional two- year extension to the preliminary plat for Silverbrook Estates Phase 2; and WHEREAS, Section 28.2.06.E.7.b of the Kalispell Subdivision Regulations states that if a final plat has not been filed at the end of the additional two-year extension period, the owner may appeal to the city council in writing for one final extension not to exceed two years provided certain conditions are met; and WHEREAS, F & H Land Surveying, Inc. has met the certain, conditions and it is in the best interests of the city that the two-year extension be given. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the application of F & H Land Surveying, Inc. for an additional two-year extension of the preliminary plat of Silverbrook Estates Phase 2, Kalispell, Flathead County, Montana is hereby approved. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 18TH DAY OF FEBRUARY, 2014. Mark Johnson Mayor ATTEST: Theresa White City Clerk 1 ♦�. t t � i '' a � 144 Second Street East Whitefish, Mt 59937 406-862-2386 406-862-1134 Fax Providing a Benchmark for quality in Land Surveying Since 1978 November 25, 2013 Kevin LeClair Senior Planner City of Kalispell Planning and Building Department 201 1 "Ave. East Kalispell, MT 59901 RE: Extension of Silverbrook Estates Phase II Dear Kevin: �a ,� "s 1 u w I am writing in response to your letter dated November 4, 2013 regarding the extension of Silverbrook Estates Phase II. In your letter, you listed four conditions that require response. Our response to these conditions is as follows: 1. The existence of an unusual hardship Since the initial approval of the preliminary plat for Phase II, the downfall of the economy has greatly inhibited the sale of lots in Phase I. Due to this lack of sales, the need for saleable lots has not warranted the need to construct and file Phase II. 2. That a significant public good would be accomplished through the extension as opposed to a specific economic hardship related to the owner. Phase II of Silverbrook Estates will be a great addition to the City of Kalispell. Once demand increases for the lots included in Phase II, the construction of this phase will include a commercial center along with many affordable home sites. Extending the preliminary plat approval will ensure that this asset to the City will be constructed. 3. That there are no changes to the immediately abutting properties that would be adversely affected by the approval process. The properties immediately abutting this project are largely agricultural and have not changed since the original approval. The remaining residential lots abutting the project are mainly larger parcels and have also not changed since the original approval. Equal Opportunity Employer 4. Because of the lapsed time since original approval, that the preliminary plat is not in conflict with recently changed policies or regulatory schemes adopted by the City that would be undermined by the further time extension. To the best of our knowledge, there has been no change in policies that would be undermined by the time extension. I appreciate your consideration to this request. If you have any questions, please do not hesitate to contact me. 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