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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 10 t 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