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:
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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.
Sincerely,
Craig Wickham, PLS
CC: Brian Sullivan, President
Equal Opportunity Employer
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