1. Resolution 5679 - Preliminary Plat Extension - West View EstatesREPORT TO: Doug Russell, City Manager )_jL
FROM: Kevin LeClair, Senior Planner
SUBJECT: West View Estates, Phase 4 — Request for 2-year Preliminary Plat Extension
MEETING DATE: July 21, 2014
BACKGROUND: The City of Kalispell Planning Department received a request on May 12, 2014 from
Sands Surveying Inc., on behalf of Mark Owens, the owner of West View Estates Phase 4, for a final,
two-year extension of the preliminary plat. West View Estates subdivision is a six phase residential
subdivision originally approved on May 5, 2003 by the Kalispell City Council.
West View Estates is located at the northeast corner of the intersection of West Reserve Drive and
Stillwater Road. The subdivision includes approximately 60 acres with a zoning designation of R-3,
Residential, on 50 acres and RA-2, on 10 acres located in the southwest corner of the subdivision. The
West View Estates Subdivision includes a total of 129 single-family lots and one 10-acre parcel to be
developed later with either multi -family, professional offices, or a mixture of the two.
The Kalispell City Council approved phases 1 and 2 (51 lots) in August, 2006 and phase 3 (30 lots) in
July, 2009. Phase 4 would plat eight single-family lots along Lorries Road, as shown on the attached
preliminary plat. Kalispell subdivision regulations allow the City Council to grant one final extension not
to exceed two years, provided the request is made in writing at least 60 days prior to the expiration, and
the request responds positively to the four conditions listed below.
The following is an evaluation of the four conditions:
1. The existence of an unusual hardship.
Staff comment: The developer has made a substantial investment in the infrastructure necessary to
support future development of Phase 4. First, Phase 4 gains its access off of Taelor Road, the main
entry point for the subdivision, a city street with full width improvements (curb, gutter and sidewalks
on both sides). Second, both the public water lines and sewer lines extended into the subdivision
were designed and constructed to handle the expected usage and flows from the future development
of Phase 4. Finally, the economic recession caused a prolonged hiatus in the sale and construction of
single-family residences in Kalispell and the region. The developer still has 60 platted lots, which are
once again marketable and attracting prospective buyers.
2. That a significant public good would be accomplished through the extension as opposed to a specific
economic hardship related to the owner.
Staff comment: There is a significant public good accomplished by the extension by way of
continuing to build -out a positive example of a residential subdivision while maintaining a previously
approved phasing plan of West View Estates.
3. That there are no changes to the immediately abutting properties that would be adversely affected by
the approval process; and
Staff comment: There have been no changes to the immediately abutting properties that would be
adversely affected by the extension. A portion of land located south and west of Phase 4 was re-
zoned from RA-1 to RA-2. The property that was subject to the zone change is not adversely
affected by the extension of the preliminary plat approval.
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.
Staff comment: There has been one policy change and one change in regulatory scheme that are
related to the requested extension. Instead of being in conflict however, they are supportive of the
requested extension. The policy change is the adoption of increased sewer impact fees based on the
capital facilities plan for construction of the West Side Interceptor (WSI). The WSI will serve to
facilitate development in this area of Kalispell. If granted, the extension will hold off on dedicating
equivalent residential units to the lots in Phase 4 prematurely, thus allowing time for the design and
construction of the WSI. The regulatory change, as discussed above, was in the Kalispell Subdivision
Regulation in 2011, and created an allowance for a final, two-year extension.
RECOMMENDATION: A motion to adopt the resolution and grant a second and final two-year
extension to the preliminary plat approval for West View Estates Phase 4 would be in order.
FISCAL EFFECTS: Minor positive impacts when fully constructed.
ALTERNATIVES: Deny the request.
Respectfully submitted,
Kevin LeClair
Senior Planner
Report compiled: July 7, 2014
Attachments: Letter of request from Sands Surveying
Phasing Plan for West View Estates
c: Theresa White, Kalispell City Clerk
Owl Corporation, Attn: Mark Owens, 500 Palmer Drive, Kalispell, MT 59901
Sands Surveying, Attn: Eric Mulcahy, 2 Village Loop, Kalispell, MT 59901
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IRMA N11 11 • ! 1
WHEREAS, the city council of the City of Kalispell granted preliminary plat approval for West View
Estates Phase 4 on July 20, 2009; and
WHEREAS, the city council of the City of Kalispell granted a one-year extension of the preliminary
plat for West View Estates Phase 4 on July 20, 2011, and a two-year extension on July
20, 2012; and
WHEREAS, Owl Corporation has requested a final two-year extension to the preliminary plat for West
View Estates Phase 4; 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; and
WHEREAS, Owl Corporation has shown that it has made substantial investment in the infrastructure
necessary to support Phase 4 of the subdivision, that significant public good would be
realized by granting of the preliminary plat extension, that the abutting properties would
not be adversely affected and finally that the existing preliminary plat is not in conflict
with any policies or regulations of the City adopted since the initial approval of the
preliminary plan; and
WHEREAS, based upon the facts recited above, the city council finds that 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 Owl Corporation for an extension of the preliminary plat
of West View Estates Phase 4, Kalispell, Flathead County, Montana is hereby
approved for a period of two years ending the 20th day of July, 2016.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 21 ST DAY OF JULY, 2014.
Mark Johnson
Mayor
ATTEST:
Theresa White
City Clerk
SANDS SURVEYING, INC.
2 Village Loop Road
Kalispell, MT 59901
406-755-6481
Fax 4o6-755-6488
May 8, 2014
ivw 2014
Mayor Johnson and City Councilors
City of Kalispell
201 1st Avenue East
Kalispell, MT 59901
RE: Two year extension for West View Estates, Phase 4
Dear Mayor Johnson and City Councilors:
On behalf of our client Mark Owens and Owl Corporation., we are requesting a two year
extension for the Preliminary Plat approval of West View Estates, Phase 4, located north
of West Reserve Drive and east of Stillwater Road. The preliminary plat for the
remaining phases expires on July 20, 2014. Since our last extension the City of Kalispell
has requested addition information for its deliberation on the request and which we will
address below.
1. The existence of an unusual hardship.
The applicant has made substantial investments in this project over the ten years
and has recently requested zoning amendments through the City for the Multi -
Family portion of the project which included multiple neighborhood meeting and
Planning Board meeting prior to approval by the City Council. The developer has
installed infrastructure for the first three phases and worked with the City to
develop a City water well and City Park within the project. Currently, the
applicant has 60 unsold platted lots within the development. However in 2014 a
number of new homes are under construction and the developer is cautiously
optimistic that things are turning around. Granting the requested extension will
allow the developer to gauge the market and hopefully bring in the next phase of
West View Estates for final plat.
2. That a significant public good would be accomplished through the extension as
opposed to specific economic hardship related to the owner.
According to the residents that live in the platted phases of West View Estates, it
is a successful and well received neighborhood. The residents of the existing
phases want to see the development completed and the City would like to see
these lots developed for the tax base and contributions to the existing City
infrastructure. Granting the extension will make it much. easier for the developer
to final plat the next phase once the real estate market improves.
3. That there are no changes to the immediately abutting properties that would be
adversely affected by the approval process.
The City of Kalispell granted a preliminary plat for six phases of West View
Estates. Therefore, the final phases have been anticipated by the neighboring
property owners. These neighbors will not be adversely affected by the granting
of the two year extension.
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 extension
Other than addressing the west side connector for wastewater capacity, I am not
aware of any new City policies or regulations that would significantly alter the
design or improvements associated with the remaining phases.
The applicants have invested substantially in the West View Estates development but at
present there is still a large supply of lots available and it does not make sense to proceed
with the next phase and further glut the market. We are hopeful that market conditions
will improve in the next year or two thereby reducing the supply lots at which time we
can proceed with phasing.
Should you have any questions regarding the requested extension please contact me at
755-6481.
Sincerely,
Sands Surveying, Inc.
West View Estates, Phase 4 Extension
2
By: SANDS SURVETING.,hm
2 Vmar Loop
Kalispell, MT 59901
(406) 755-6481
JOB NO: 212344 (I+rojeet 21)
DATE: June 18, 2009
REVISED: Jume 13, 2011
FOR/OWNER: Owl Corporation
Phasing Ilan for.
West View Estates
N
SCALE: 1" = 150'
0 75' 15W