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Work Session Staff Report/Annexation & Zoningri-CityPlanning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net www.tricitypianning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Work Session on Stillwater Bluffs Subdivision Preliminary Plat Annexation and Zoning MEETING DATE: September 27, 2004 - Work Session BACKGROUND: This matter came before the Kalispell City Council at their regular meeting of September 7, 2004 and there was significant discussion regarding the proposal. The proposal is a request for preliminary plat approval of Stillwater Bluffs Subdivision, a 32 lot residential subdivision on approximately 12.45 acres. The subdivision proposed 10 single family lots and 22 two unit townhouses. A request for annexation and initial zoning of R-3, Urban Single Family Residential, and R-4, Two Family Residential has been filed concurrently. This property is located between Country Way and Granrud Lane, on the west side of County Way South. The property can be addressed as 545 Country Way South. The Kalispell City Planning Board met on August 10, 2004 and held a public hearing to consider this proposal. There were two people from the neighborhood who spoke in favor and two people from the neighborhood who spoke in opposition to the proposal. Opposition related to traffic and density. The planning board discussed the request and issues related to the zoning and development in the area. The planning board voted unanimously to recommend approval of the preliminary plat subject to conditions. At the meeting on September 7, 2004 there were a number of people from the neighborhood who expressed concerns about the impacts the development would have on traffic in the area, neighborhood character and the encroachment of the city into this area of the council. It seems there were several issues at the city council meeting that raised concerns which lead to the scheduling of this work session and the tabling of the matter until the October 4, 2004 regular meeting. This memo will try to identify those issues and address them as follows: ® Concerns about the lack of a connection between Country Way and Granrud Lane because the section of roadway south of the Heuscher property, Country Way South, is a private roadway. The creation of a grid street system is an important component of design for new development not only from an emergency access and fire safety standpoint, but also from a practical standpoint in how a development functions. It is something the staff Providing Community Planning Assistance To: ® City of Kalispell • City of Whitefish ® City of Columbia Falls Stillwater Bluffs Subdivision - Preliminary Plat September 23, 2004 Page 2 and city council consistency strive to achieve and to be aware of. However, in this particular instance there are circumstances that make this not only impractical but nearly impossible at this time. The road south of the Heuscher property is a "road easement" that is privately owned an maintained by the landowners to the west. It would require their approval to open this road for public access and / or any type of improvements. A critical component in considering this is the Uniform Fire Code and the Kalispell Fire Department have stated that the access as proposed, i.e., that does not connect to Granrud Lane will not be required. ® Alternatives to road access to and from the subdivision. There has been discussion regarding the limited accessed into and out of this proposed subdivision. However, it is worth noting the attached area map that there are two accesses onto West Reserve Drive and another access onto Whitefish Stage Road. Both of these roads are State secondary highways that are anticipated to accommodate fairly large volumes of traffic. The additional traffic generated from this subdivision is relatively insignificant. Limited access to the subdivision is a matter of perception. ® The appropriateness of a waiver to protest a special improvement district for the upgrade of Granrud Lane and / or other roads in the immediate area to mitigate the impacts from this subdivision. Concerns about development of Granrud Lane primarily has been discussed and whether the future property owners in this subdivision should be subject to an assessment for improvement. Consistent with recent city council policy an additional condition could be added to the preliminary plat which states "A note shall be placed on the face of the final plat which state `Property owners waive protest to the creation of a special improvement district for the upgrade of roads in the area to City standards which would be impacted by this subdivision."' ® Access to and from this subdivision via a County road, Country Way, and the maintenance and emergency access issues associated with that. Several subdivisions within the city are access via County roads and vice versa. This one would function no differently. The City and County have developed joint agreements for the maintenance of roads where the City and County interface. This has not been an issue in the past and it is unlikely that his situation would create an undue problem or burden on the situation. ® Alternatives to the standard local street profile for the section of road along County Way South between County Way and southern terminus of the Heuscher property. City standards for local streets would apply to this subdivision unless otherwise approved by the Kalispell City Council. There was discussion based on valid Stillwater Bluffs Subdivision - Preliminary Plat September 23, 2004 Page 3 circumstances to consider an alternative. The developer would essentially be responsible for upgrading the road section adjacent to the subdivision to City standards for local streets including curb, gutter, sidewalks and landscape boulevard on both sides. Since Glacier Commons to the east has developed and no reasonable chance of access will be gained from this boundary, it may make more practical sense to require the developer to develop and alternate road profile for that section of County Way South between Country Way and the southern terminus of this property. This could be curbs and gutters with an asphalt pedestrian walkway along the west side of the road or any other combination of improvements the council and public works department might deem appropriate. This seems a better use of resources that development of this section to City standards. RECOMMENDATION: A motion to approve the preliminary plat subject to the recommended conditions would be in order which would include an additional condition to waive protest to and SID for impacts to roads in the area and consideration of an alternate road standard for Country Way South between Country Way and the southern terminus of this property. FISCAL EFFECTS: Respectfully submitted, 11x4- Narda A. Wils8n Senior Planner Minor positive impacts once fully developed. As suggested by the city council. Report compiled: September 23, 2004 c: Theresa White, Kalispell City Clerk Attachments: Map of the area Frank Garner Interim City Manager Petition presented at the 9/7/04 city council meeting Ltr from adjoining property owner on County Way South access Draft minutes from the 9/7/04 city council meeting Draft minutes from 8/ 10/04 planning board meeting Recommended conditions of approval Resolution 4933 TRANSMIT\KALISPEL\2004\KPP04-10 ws MEM A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., TUESDAY, SEPTEMBER 7, 2004, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. K.ENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, 1 ARI GABRIEL, BOB HAFFERMAN, BOB HERRON, RANDY KENYON, DUANE LARSON, HANK OLSON AND JAYSON PETERS WERE PRESENT. Also present: Interim City Manager Frank Garner, City Attorney Charles Harball, City Clerk Theresa White, Community Development Director Susan Mover, Finance Director Amy Robertson, Fire Chief Randy Brodehl, Public Works Director Jim Hansz and Tri-City Senior Planner Narda Wilson. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. Garner recommended Agenda Item #11. Resolution 4935-National League of Cities' America Downtown Program, be moved to Agenda Item #1. A. AGENDA APPROVAL Larson moved approval of the Agenda with Agenda Item #11 being moved to Agenda Item #1. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. B. CONSENT AGENDA APPROVAL Council Minutes — Regular Meeting = August 16, 2004 Kenyon moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. C. STUDENT ISSUES None. D. PUBLIC COMMENT Jim Connelly; Glacier Village Greens Homeowners President, asked the Council to approve the Final Plat for Glacier Village Greens Phase 111C and thanked the Council, the Tri-City Planning Office and Sands Surveying for all of their work. Chuck Cassidy, School District 5 Facility and Transportation Director, thanked the City for working on a safe routes to schools program. He said it's never easy for a community to "blend the many requirements" of residential, business and educational needs and thanked the Council for an opportunity to work with the City and find the safest ways for children to travel to and from school. Suzanne O'Conner. 845 7th Avenue East, said she spoke with Jim Hansz and Frank Garner last fall concerning speed and volume of traffic on 9th Street East between Woodland Avenue and Hedges Kalispell City Council Minutes September 7, 2004 Paec I School. She said she circulated a neighborhood petition requesting a traffic circle at the intersection of 9th Street and 7th Avenue East to slow traffic. O'Connor thanked the City for installing stop signs on 7th Avenue East as a short-term solution, but asked that a traffic circle be considered to slow traffic in this high pedestrian traffic area. Wendy Waymen, 1512 5th Avenue East, said she submitted a letter to the Planning Board concerning Agenda Item #6, Ordinance 1511 Zoning Text Amendment Request, and she forgot to sign it. She just wanted to let the Council know that she's the one who wrote it. The following spoke in favor of Resolution 4935 (HyattPalma Contract): Ken Yachechak, BID Board Member, asked the Council to authorize the contract with HyattPalma to develop a plan that will help the downtown with projects and resources. He said the BID is ready to pledge half of the funds needed, which is $40,000. Judy Larson, BID Chairperson, said Kalispell is changing and this community -based downtown action plan will allow the downtown to attract private investment of quality downtown projects and strengthen the existing downtown businesses. Janet Clark, BID Board Member, read a letter from Elizabeth Harris, Jobs Now President. (Letter is attached and by this reference is made a part of the official record) Joe Unterreiner, Chamber of Commerce Executive Vice President, spoke in favor of the City and the BID joining together to get some research data of the downtown. The following spoke in opposition to Resolution 4932. Resolution 4933. and Ordinance 1510 (Stillwater Bluffs Subdivision): Brent Higgins, 640 Country Way, speaking on behalf of Country Village Homeowners, said they are very concerned that this subdivision will create an unsafe environment by adding a possible 300 vehicle trips onto an interior road in Country Village that was not constructed for high traffic. Higgins submitted a petition objecting to the Stillwater Bluffs Development. (Petition is attached and by this reference is made a part of the official record) Angela Pitts, 538 Country Way, asked the Council to carefully consider the subdivision proposal and the impacts it will have on the roads and the safety of the children. Elaine Snyder, 540 Country Way South, read a letter opposing the annexation of Stillwater Bluffs, stating Country Way South has been closed since September 2000, giving access only to the families who live next to it. (Letter is attached and by this reference is made a part of the official record) Mark Lalum, 615 Country Way, said he has two major concerns with the subdivision; traffic and zoning density. He asked the Council to look at this proposal carefully. Shirley Scherpenseel, 505 Country Way South, agreed with the previous comments; adding that wildlife is abundant in that area and she would like the Council to take that into consideration. Wendy Lalum, 615 Country Way, said they purchased two acres two years ago and live directly across from Country Way South. She said she didn't make the investment in the property and her dream home for it now to become a highway and asked the Council to carefully consider the traffic. Kalispell City Council Minutes September i, 2004 Nee 2 Joan Schmidt, 640 Country Way, said she still doesn't understand why the petition presented to the Planning Board wasn't included and stated she felt the board didn't listen to her at the hearing because she's a County resident. She noted the subdivision will have access either onto a county road, or a private road, and that should be considered prior to annexation. Leonard Desmall, 674 Country Way, commented that anyone looking at this property would see that the size of the lot and the location would not support the density proposed. He said if there isn't adequate planning for ingress or egress it's going to create a "big" problem for all of us that plan on living there for quite some time. Brian Gardner, 525 Country Way South, said prior to the homeowners closing off Country Way South, traffic was on the increase and once the road was closed, the traffic was cut in "half', showing that everyone used it as a cut across even though they didn't share the cost of maintenance. The following spoke in favor of Resolution 4932. Resolution 4933. and Ordinance 1510: Peggy Mathiasen, Montana Mapping Associates, said the Heuscher's are asking for a density that is well below the density defined in the urban growth policy. Mathiasen said the area is "not rural any more" and it's an area where "we should expect and encourage growth". Greg Foley, 203 Foxhill Drive, said other subdivisions only have one entrance and exit, such as Stillwater Estates, and traffic flows smoothly. Larry Heuscher, 545 Country Way South, said he understands the concerns, but the bottom line is "we didn't take our development to Kalispell. Kalispell came to us". He said this development follows the master plan and even though he doesn't want to cause problems, he doesn't want the access issue to be the "final straw" on whether this proposal is approved or denied. E. REPORTS_/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION E/1. RESOLUTION 4935 —NATIONAL LEGAUE OF CITIES' AMERICA DOWNTOWN PROGRAM This resolution authorizes the Mayor to enter into a contract with the National League of Cities and HvettPalma. Larson moved Resolution 4935, a resolution authorizing the Mayor to enter the Cih, of Kalispell into a contract with the National League of Cities and HyettPalma for the preparation of a .Downtown Action Agenda. The motion was seconded. Moyer explained as a member of the National League of Cities; Kalispell is eligible to obtain the services of Hyett.Palma for the preparation of the action agenda which would use a variety of research techniques, including community meetings, issue sessions, surveys and solid economic research. She said the information provided will directly impact the mission and goals of the Community Development Department. Moyer stated the $40,000 fee would be shared by the City and the BID with the City's share coming out of the Community Development Revolving Fund. Hafferman commented when S25,000 was included in the Community Development's budget for downtown improvement, he felt it would "be part of a welfare program for the Business Improvement District". He said you can call it anything you want, it's all taxpayer's money. He commented if the downtown is going to succeed, the business owners have to do it on their own. Olson asked Moyer "-,whose money is it"? Kalispell City Council Minutes September 7. 2004 Page 3 Moyer said these are funds that have come into the City over the years through the millions of dollars that past Councils' "sagely allowed the Community Development Department to compete for to make investments with". She said she calls it program income from repayments of loans and interest from loans that are continually recycled into the community. Olson stated the City has to go to other cities to find out "how these things work" and if the money isn't corning out of the taxpayer's pocket, per se, then he's in favor of it. Atkinson commented the Downtown Tax Increment District was a major influence in the "good development" downtown and the second chapter is the BID. He said the $20,000 will be used to help the core of downtown and more value will come from this than making loans. Larson also supported the agreement, stating HyattPalma is a well known consulting firm and the cities they have worked with are thriving. He said it's a good investment in the downtown and -he likes that the community is involved. Peters said he agrees with Hafferman that the City shouldn't be spending general fund tax revenue on the BID, however, this is a good way to partnership with the BID using revolving loan funds and the information gained will give the City an eventual return on its investment. Hafferman rebutted that State law requires that all expenses of the district will be borne by the people within the district. He said you can continue to call it whatever you want, but it's still taxpayer monies. Mayor Kennedy stated, like Larson, she has had an opportunity to see many of HyattPalma's presentations and has "been thoroughly impressed" by the number of communities across the United States that are satisfied with their performance. She said she knows the community will be heavily involved in this project and she's excited about the prospect. Herron announced he will abstain from voting because he has a downtown business and leases space from Ken Yachechak. The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Larson., Olson, Peters and Mayor Kennedy voting in favor, Hafferman voting against, and Herron abstaining. E12. RESOLUTION 4931 — MMIA HEALTH INSURANCE PROGRAM Cities belonging to the Montana Municipal Insurance Authority are proposing a statewide health insurance pool and Resolution 4931 authorizes Kalispell to participate in that pool. Larson moved Resolution 4931, a resolution authorizing participation in the Montana Municipal insurance Authority Employee Benefits Program and authorizing the execution of the Memorandum of Intent to participate in such program and such other documents as may be necessary to effectuate participation in such employee benefits program. The motion was seconded. Garner explained the City's current insurance is based on a fully -insured model, while the new pool creates a self insured aroup. He said the program requires the City to enter into the State pool for five years with a 2.7% reduction in the member rate. Kalispell City Council Minutes September 7, 1-004 Page 4 Larson, MMIA Insurance Committee member, described the history of the City's insurance and stated the large pool has allowed the insurance committee to negotiate the administrative costs and the stop loss coverage. He recommended the Council approve entering the pool with the hope that premiums can be reduced even further in the future. Peters stated he's concerned that the City was self -insured, got burned, and now is ready to go into a self -insured program again. Kenyon said insurance is a gamble, noting that what the City had wasn't working and this opportunity is as good as any, Olson commented everyone has concerns, but it looks like entering this pool is the smartest thing to do. The motion carried upon vote with Atkinson, Gabriel, Hafferman, Kenyon, Larson, Olson and Mayor Kennedy voting in favor, and Herron and Peters voting against. E/3. RESOLUTION 4932 —ANNEXATION REQUEST — LARRY & SANDY HEUSCHER STILLWATER BLUFFS SUBDIVISION The Heuscher's are requesting annexation of approximately twelve and a half acres located on the west side of Country Way South, between Country Way and Granrud Drive. Peters moved Resolution 4932, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein as an annexation certain real property, as more particularly described on Exhibit "A", located in Section 31, Township 29 North, Range 21 West, P.M.Ni., Flathead County, Montana, to be known as Heuscher Addition No. 352; to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. The motion was seconded. Wilson gave a staff report on the annexation, zoning and preliminary plat requests for Stillwater Bluffs Subdivision, explaining Whitefish Stage and Country Way South lie to the east, Granrud Lane to the south, and the Stillwater River on the west. She described the property as a suburban -urban interface area and this proposal is a "fairly consistent density of a land use pattern when water and sewer became available to the area". Wilson said everyone is feeling the "incredible growth pressure", but by concentrating the population close to services it actually preserves open space in other areas of the county. She said there are actually three exits available to this subdivision; one from Country Way to Whitefish Stage, the second is from the north on the internal road to West Reserve Drive; and the third would be onto West Reserve a little further to the west. Wilson commented this 32-lot subdivision will have, overall, insignificant impacts to the roadways in the immediate area. Wilson answered questions concerning the upgrade and ownership of Country Way South. Olson asked if it would be possible to buy this private road and have it upgraded to City standards. Wilson said that would take negotiations with three property owners, but she cautioned that requiring the developer to buy the road from the adjoining 'landowners would essentially kill the project because they could hold him hostage by charging an exorbitant price. Kalispell City Council Minutes September 7. 2004 Page < Atkinson suggested that the Council, during deliberations, consider placing a condition on the plat requiring the developer to waive an SID when the time came to upgrade Granrud Lane. Mayor Kennedy noted there are no R-3 and R-4 zoning designations in the area. She asked why the applicants are asking for R-3 and R-4, instead of RA-1, which is consistent for the area. Wilson answered the zoning request identifies the type of housing that will go into the subdivision. She added RA -I is an apartment district that allows duplexes as a permitted use and multi -family dwellings as a conditional use. Peters said that recently the Council participated in a lengthy debate about the upgrade of Granrud Lane and were told that there were two developments occurring in the future that would be responsible for finishing that road. He said he assumed this property was one of the developments and now he finds out this subdivision doesn't even have access to Granrud. Peters stated he feels this would be a much better project if it had access to Granrud Lane and he has a problem with this subdivision having a City road within it and the only way in or out is to drive up, around and through Country Way. He said it's a great piece of property to annex into the City but he has concerns with bringing the development in at this time given the circumstances. Wilson, commenting on the upgrade of Granrud Lane, said sometimes we make assumptions that we're all talking about the same thing when we're not and staff was not alluding to this property when referring to the upgrade being completed with future developments. Larson suggested that the Council take up the annexation, zoning and preliminary plat requests separately because the Council is talking about the south end of Country Way South that the Heuscher's have no control over. He said he's not in favor of holding them hostage by requiring the road be opened before the Council will approve the request. Olson moved to table Resolution 4932. There was no second. Herron agreed with Peters that the proper access to this property should be Granrud Lane, however that can happen. He said the property owners have cooperated for years on the maintenance of Country Way South and asked why they can't negotiate the access to Granrud. Wilson stated it would still be a gravel road and asked if it would be the Heuscher's responsibility to upgrade it to City standards the entire length to Granrud. Herron responded that somewhere along the line these developers have to take responsibility for the increased traffic. He said Granrud Lane has been discussed for months and he was under the same belief as Peters that when the properties to the north, west and south were developed Granrud would be upgraded. Larson said if the property owners to the south of this project keep the road gated then they won't have to worry about an increase in traffic. He said the Council is asking them to do something with their private property that may not be in their -best interest. Mayor Kennedy said the Council has to look at everyone's best interest and opening Country Way South would help alleviate some of the traffic that is a major concern to those people living along Country Way to the north. She said requiring the dedication of that roadway is something the Council could stipulate on the preliminary plat. Kalispell City Council Minutes September 7, 2004 Page 6 Larson said he still doesn't understand how the Council can add a requirement to a preliminary plat that the developers have no control over. Atkinson said he doesn't feel the Council has the authority to make the developer negotiate for that road and upgrade it to Granrud Lane, however, the Council does have the right to require that the Heuscher's take part in its upgrade in the future by requiring a waiver to protest an SID be placed on the plat. Hafferman said he feels Peters had a good suggestion and agreed that Country Way South to Granrud Lane should be upgraded, but only to the City's alternate road standards with a walkway on just one side. Peters moved to table Resolution 4932 to October 4th. The motion was seconded. The motion carried upon roll call vote with Gabriel, Hafferman, Herron, Kenyon, Olson and Peters voting in favor, and Atkinson, Larson and Mayor Kennedy voting against. Garner said he presumes the Council will table the next two agenda items and asked for direction on what information members would like prior to the issue coming before the Council again. E/4. ORDINANCE 1510 — INITIAL ZONING — LARRY & SANDY HEUSCHER — STILLWATER BLUFFS SUBDIVISION —1ST READI.NG The Heuscher's are requesting an initial zoning designation of R-3, Urban Single Family. Residential, and R-4, Two Family Residential, upon annexation of approximately twelve and a half acres located on the west side of Country Way South, between Country Way and Granrud Drive. Peters moved first reading of Ordinance No. 1510 an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1450), by zoning certain real property described as Assessor's Tracts 5H and 5HA. in Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned County R-1, Suburban Residential) to City R-3 and City R-4 (Single and Two Family Residential), in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Peters moved to table Ordinance 1510 to October 4th. The motion was seconded. The motion carried upon vote with Larson voting against. E15. RESOLUTION 4933 — PRELIMINARY PLAT — LARRY & SANDY HEUSCHER — STILLWATER BLUFFS SUBDIVISION The Heuscher's are requesting preliminary plat approval of Stillwater Bluffs, a 32-lot residential subdivision located on the west side of Country Way South, between Country Way and Granrud Drive. Atkinson moved Resolution 4933, a resolution conditionally approving the preliminary plat of Stillwater Bluffs Subdivision, more particularly described as Assessor's Tracts 5H and 511A in Section 31, Township 29 North, Range 21 West, P.'YI.M., Flathead County Montana. The motion was seconded. Kalispell City Council Minutes September 7.2004 Page 7 Hafierrnan asked that this issue be placed on a work session and asked that the developer appear and give the Council comments on how they would like to proceed and the possibility of building the road to urban standards. Atkinson said he assumes the options discussed this evening were already discussed with the neighbors and the options are not available. He criticized the Council, stating these discussions have taken place several times; with the Tri-City staff, with the Planning Board, and now at the Council meeting. Atkinson admonished the Council that if they do want more information they need to be very specific with staff and the developer. Herron noted that for the past six months the Council has asked to meet with the Planning Board to talk specifically about the road issues and he would never have dreamed this proposal would have gone this far without Country Way South connecting to Granrud Lane. Larson said he would like to know from the developer if there's any possibility of removing the gate and if Country Way South is opened, who is going to be responsible for upgrading it. Olson said he'd also like to discuss the possibility of an annexation district agreement. Peters moved to table Resolution 4933 to October 4th. The motion was seconded. The motion carried unanimously upon vote. E/6. ORDINANCE 1511 — ZONING TEXT AMENDMENT — 1ST READING William Rice and Denman Construction are requesting an amendment to the Kalispell Zoning Ordinance to add a section to allow for decks, porches, and landings less than 30 inches in height to extend into setbacks up to 50 percent in all residential districts. Kenyon moved first reading of Ordinance 1511. an ordinance amending the Kalispell Zoning Ordinance, (Ordinance No. 1460), by allowing open decks less than 30 inches in height to encroach up to 50 percent into the side and rear yard setback areas in all residential districts,_ and declaring an effective date. Wilson gave a staff report explaining the request resulted from an oversight on the part of Denman Construction when building tri-plexes on 5th Avenue East. She said it was discovered that decks 24 inches in height were constructed in set back areas. Staff recommended the text amendment be approved, however, the Planning Board has recommended the City Council deny the proposed amendment citing privacy issues. Larson, citing a unanimous recommendation from the Planning Board, spoke in opposition to the motion. Haffennan commented he is doesn't see much difference between a 32 inch high deck and a 28 inch high deck, but questioned what will happen when the deck is found to be slippery and a roof is constructed. Be said he doesn't see any reason to change the zoning ordinance for one instance. The motion failed upon roll call vote with Kenyon voting in favor, and Atkinson, Gabriel, Hafferman, Herron, Larson, Olson, Peters and Mayor Kennedy voting against. Kalispell City Council Minutes September 7, 2004 Page 8 Petition Objecting to the Stillwater duffs Development We the undersigned, home owners in the Country Village Development request a denial of the zoning change and preliminary plat for the Stillwater Bluffs Development. This proposed development does not match the character, density and historical make-up of the surrounding area. The area between Grandrud and Country Way is made up of large lot properties and zoned County R-1. The recent annexation and zoning change for Glacier Commons was to RAI. This proposed development would place an island of high density within the low density surrounding area. 1 acre +/- lots Would be consistent with the neighborhood, and nothing higher than RA1 should even be considered. It is poor planning to route one subdivision's traffic through the interior roads of another. The existing roads are narrow without gutters or sidewalks. If a car is parked on the road side, it becomes a one lane road. Children walk and ride their bike to school on these roads. Our roads cannot handle that much traffic. During the Tri-city Planning Meeting the developer stated that there would be 300 addition car trips a day through Country Village. The traffic from this new development would have to go onto Country Way to access Reserve or Whitefish Stage. It will be unsafe. Country Village will be heavily impacted and its character substantially changed with the burden of potentially 300 additional vehicle trip per day. Our -request is that if this development is accepted_-the.city--itch-ouM-e fiiuted onto city roads, not ontoJa razral munty road: sess__ran ud is appropriate, as 1t is a paved street. -and -next to high density housing. We are not opposed to development. Another option would be to request one acre lots matching the neighboring development, Country Village. The car trips per day would be minimal, acceptable to our rural country road. We therefore find the proposed subdivision unacceptable and urge that it be redesigned to be consistent with the surrounding neighborhood and mitigate the impact on the existing twenty seven year old subdivision, Country Village. Homeowner Signature (Print name) - y� ?Zi f F' '€ ' el t,� .Address Phone zt -..2 r� r' L Address Phone Petition Objecting to Stillwater Bluffs Development A Homeowne Signature [Print name) `7 Petition Objecting to Stillwater Bluffs Development Homeowner Signature nt name) i. i-44t Address Phone C Jt, `7, lv\-k 6'f,6?2 Waz/ 722 113 K�JL, Petition Objecting to Stillwater Bluffs Development -Homeowner (Print name) Address SWpature �GPG���Cl/� "M � 5 7' � 7-3 3 September -17, 2004 Dear Kalispell City Coumill.- �L;.0 I , i;Fwl J RE- Privosed StiLlwater Terrace Devekv--ffient &- Amexation into City of Kadispell at current 54 5 Country Way, South We, Bn-,ce Mlay and lairie Snyder, arellom- CONK- ers at 540 Countr-y Way South ViVe feel Larry & Sandy Fluescher we a right to develop their pToper�v. It, should be in keeping with the larger lot size of the e,,dsung CL-mtry may housuag area. We am opposed w the amexation of the proposed Stilhxmter Terrace at 545 Country may South into Kalispell. It will create a '"tentacle," surrounded by wim-ty home owners- Most of whom oixm- large lots and do not wish to be annexed into the City, This " ter -tacII&I will set the stage fbr the City to, "Tidy up" its boundaries. the next 5 to 10 years, forcing all home owners M' the Stillwater River- Resme-White fish Stage Road- mod Lane area into the Cily. We do not want to be "forced" annexed. .'ibis proposed subdiNision is on a private gravel road. We live firtlier south on Coihn-mr Way -South. The three middle sections are ovvmed by filuesche s, Gardner`i, and Snyder- lmhv's. The road is 'in each of our land ownership deeds. Either end of Cour-Axy, Way South is county, with the south f--n end paved and plowed by the county to our- .- Prq= - Jr line. Thenorthern end has '-wmcleaf' rc�ad owners -hip acid lis mamitained byHuescher's. We bought 540 Country IvVay -&Yath in 1985, In 1990, when Gardner' ss moved we formed amad niamten=--agre-ernent- Each year -we gradedi and oiled the read. InI992, we ;-)egan discussions with the County to close the mad. We installed PIRIVATIEROAD Sig= at either end. As ftnaffic increased and our associated liability.-Iftor maintenance and any accidents increased, we hired an attorney. I'he fight to close the road was thoroughily ,e;er died, all county emergency & defive-ity par-desvvere Jwpgal& informed. We CLOSE) COUTINMI Y W,,Y SOU '11-1,with a gate. in Sept, 20. Bicycle and foot use, is PeArmitted. Fimilly, W-JO1 auiy ac,. e sues need to resoi-ved BEFORE the 01ty of Kalispell ntacl" itself with a subch- =-asion into a county housitm area. Besides. the private road tees of County Way SoutI4 there is, the sub -standard' road of Gran Lane. There are major -attic L. Ic flow problems, onto, 'bite Stage Road West Resenre D-nive. With a proposed -flem-nia-11 and Ile By-pass cog in the future-, -we fe-i-I these issues -need to be thorougYkv addressed by --lie Council , Flath-ead 4-011-1:11Y andthe neighbonhoods imolved BE-1701RE more annexation takes place mthe this area. ."I A good itiftastucture makes fora. happy,, healthy and safe neighborhcxxi 71 "Munk -Y"OU fbT listening. Sincexely, Enaine F Sn-vder,'v-, BlruceMa-,,, 540 '%`a7v Soulb, Kadhmell. VA- SQ901 -406-7 6 i 440 KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING AUGUST 10, 2004 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 7:00 p.m. Board members present were: Rick Hull, George Taylor, Jean Johnson, Sue Ellyn ,Anderson and Timothy Norton. Kari Gabriel and John Hinchey were absent. Narda Wilson represented the Tri-City Planning Office. There were approximately 20 people in the audience. Taylor stated that Kari Gabriel is replacing Jim Atkinson on the Board, and that Atkinson will be sent a certificate of appreciation for his service. APPROVAL OF MINUTES Norton moved and Anderson seconded to approve the minutes of the Kalispell City Planning Board and Zoning Commission regular meeting of July 13, 2004. The motion passed unanimously on a roll call vote. HEAR THE PUBLIC No one wished to speak. HEUSHER INITIAL ZONING A request by Larry and Sandy Heusher for an initial zoning UPON ANNEXATION designation of R-3, Single Family Residential and R-4, Two REQUEST Family Residential, on approximately 12.45 acres located on the east side of Country Way South between Granrud Lane and Country Way upon annexation to the City of Kalispell. STILLWATER BLUFFS A request by Larry and Sandy Heusher for preliminary plat PRELIMINARY PLAT approval of Stillwater Bluffs, a 32 lot residential subdivision APPROVAL REQUEST on approximately 12.45 acres located on the east side of Country Way South between Granrud Lane and Country Way. STAFF REPORTS Narda Wilson, with the Tri-City Planning Office, gave a -04-9 AND P-04-10 presentation of Staff Report KA-04-9, a request by Larry and Sandy Heusher for an initial zoning designation of R-3, Single Family Residential and R-4, Two Family Residential, on approximately 12.45 acres located on the east side of Country Way South between Granrud Lane and Country Way upon annexation to the City of Kalispell, and KPP-04-10, a request by Larry and Sandy Heusher for preliminary plat approval of Stillwater Bluffs, a 32 lot residential subdivision. Wilson stated this property was scheduled for a public hearing in June but it was withdrawn by the applicants. She said they are now requesting zoning, annexation, and preliminary plat approval. She said the property is located with Whitefish Stage to the east and Glacier Commons Kalispell City Planning Board Minutes of the meeting of August 10. 2004 �Pa2e 1 of 15 immediately to the east; Buffalo Stage is to the south, and Country Village is to the County R-1, Suburban Residential, which has a one acre minimum lot size requirement. She said all properties along Country Way South on the west side are in the county, and everything to the east is in the city. Wilson explained that the old Master Plan designated this area as High Density Residential and it is designated as Urban Residential in the Growth Policy, which is a change from the old Master Plan. She said that Buffalo Stage was approved in the county and annexed into the city, and that some of that development was zoned but not developed at a higher density. Wilson explained that the city is growing in this direction as utilities become available. She said that Country Way is a County road until the southern boundary of lots 43B and 42, then it becomes a private road easement until it intersects Granrud Lane. Upon development to City standards the section of road abutting the subdivision would be dedicated to the City and open to the public. She said the City has shared maintenance agreements with the County, and maintenance would be coordinated with the County. Wilson stated that this is an approximately 12.5 acre parcel, and the applicants are asking for both single family and two unit townhouses in the development. She explained the property is 12.45 acres, with a loop road, and a cul-de-sac to the end of the property. She stated the Stillwater River lies to the west, so it is good view property; the slopes on the bluff will be part of the common area, and the topo lines show a few lots overlooking the bluff. Wilson stated there are some two unit townhouses in the bluff area and the northern entrance, with some single family homes located at the other entrance. She said the steeper areas are designated as common areas and the homeowners park and the slope requirements do not exceed more than 8 percent, so the developers could create some park amenities there and that is the reason for the park condition in the staff report. Wilson explained that the slope is designated as common area to protect it from development, so the developers will leave the vegetation in its natural state; there may be some limited wildlife habitat in the area, and the Stillwater River lies to the west, but there should not be impacts with regard to erosion. She said there is a little bit of floodplain relating to the river, but this is well above that. She said that this site has easy storm water management, with a natural retention area to the north, and will act as drainage for the northern properties as well. She stated the property is in the Evergreen water district, with City sewer taken from the Glacier Commons subdivision to the east. Kalispell City Planning Board Minutes of the meeting of August 10, 2004 Wilson said the subdivision will be accessed via Whitefish Stage Road, then down Country Way, which is a County road developed to rural standards; the private road will be upgraded to City standards to the southern terminus of the property, dedicated to the City and open to the public. The rest of the road will not be open to the public, but development pressure will probably continue to move to the south. She said the property owners have a single family home on the property now; they want to downsize and live in the new subdivision, and that lots 20A and B may be used either as a maintenance storage shed, a single family home or a residential lot; those lots need clarification, hence Condition 16 on the preliminary plat. Wilson stated that a Homeowners' Association will be created to take care of the common areas, with development covenants also enforced by them, not by the City. She said the Growth Policy designates this area as Urban Residential, with 4-12 dwelling units per acre, and must be served by municipal water & sewer; this development will be about 2.4 dwelling units per acre. She said the staff is recommending adoption of Staff Report KA-04-9 and that this property be zoned R-3 and R-4, and adoption of Staff Report KPP-04-10 and preliminary plat approval subject to the 17 listed conditions. QUESTIONS BY THE Taylor asked what the differences were between this proposal BOARD and the one withdrawn on June 9, because there are 2 more single family lots with this project. Wilson said there was a discrepancy in the topo on the previous application, so the developer shifted lots a little bit and included the lots at the end over the bluff; they submitted a whole new application, so staff treated it as a whole new project. Taylor asked Wilson if there was any way the City could upgrade all of Country Way South from the north terminus to Granrud Lane prior to any more development taking place. Wilson said that it is a private easement outside of the boundaries of this subdivision, so it is not open to the public, and the property boundaries might explain it better. Lots 1 and 2 of Country Way property lines go all the way through the roadway to the east boundary of Country Way South, so the developers have an access easement from the adjoining property owners. She said that Stillwater Terrace is also a private easement and that the City could go through eminent domain, but it won't, and there is a lot of development potential in the area, but it would be incremental as development occurs and roads would be paid for by the Kalispell City Planning Board Minutes of the meeting of August 10.2004 yPage 3 of 15 developer. Hull asked about the gate at Granrud Lane and if it was a permanent gate and hence there is no connection with Country Way. Wilson answered that is correct, there will be no connection to Granrud Lane because it is a private road easement not open to the public and that access must be from Country Way, unless they could get an easement. She said the fire department will not require a secondary access, but if it did, those property owners stifle the project. She said it would be nice to have a secondary access, but it is not a requirement and won't be recommended in the conditions. Hull asked if the road will be sealed forever. Wilson said she did not know, and it would depend on future development and timing. Taylor stated he would like to propose this issue for a work session on the Growth Policy. Wilson said the board could make a recommendation to the city council on how this should be handled. Hull stated it would be shortsighted to allow that barrier to remain and we need those kind of connections. PUBLIC HEARING I The public hearing was opened to those who wished to speak on the issue. APPLICANT/AGENCIES Rick Breckenridge, Montana Mapping, 1405 Highway 2 West, stated that the Heushers have lived on the property for 27 years, and want to retire in one of the townhouses on the bluff. He said there is a hookup to sewer, and they are proposing a lift station to hook on to Glacier Commons. He said that development out there has been slow, and the density of this subdivision is right in the middle of the range. He said the primary access is off of Whitefish Stage to the east, and there are also two alternative access points off of Reserve Drive going through Country Way. He said they missed one point on the topo and it skewed the whole model and so they did a redesign of the development, and the maintenance/caretaker shop was added as a possibility; the property owner intends to do the maintenance for a while. He said the developers intended interconnectivity when they built Country Way in 1978 and that this project would not have been attempted without sewer service. Breckenridge stated that their proposal protects the natural drainage; there are big trees, and there is no standing water Kalispell City Planning Board Minutes of the meeting of August 10. 2004 in the area. He said the common area is heavily treed, and that lots of vegetation protects the slope down to the river. He said the proposal is in harmony with the desires of the Planning Board and the Growth Policy, with 4-12 dwelling units per acre, and the developers want to maintain the aesthetics of the area and that there are two alternative routes besides Whitefish Stage. He said this project best utilizes the land. PUBLIC COMMENT I The following spoke in support of the project: Sandy Heusher, 545 Country Way South, said they have lived there for 27 years, and they have seen lots of change and growth. She said her kids are gone and it is a lot of property to maintain; this will be the best use out of the property and they still want to live there. Brian Gardner, 525 Country Way South, neighbors of the Heushers, stated the development out front was no surprise, and they have full trust in the Heushers on this project; they were a little disappointed, but the Heushers were free to make those decisions, and it not going to affect their relationship. He stated that County Way South used to be open to Granrud at one point in time, but all sorts of traffic used it without paying to maintain it; he said they now maintain it. He stated the gate is not locked, but it is semi- permanent, and that all public services were notified it was going up and there were no issues with any of the agencies. They put up the gate because the traffic was terrible, and it was a cut across for lots of folks, but anyone can get through in case of emergency. He said that Country Way South properties will see a lot more traffic if they open that gate. Greg Foley, 203 Fox Hill Drive, Kalispell, stated that he has known the Heushers for a long time, the density in this project is very low for the area, and they have a vested interest because they are staying on the property. He said that people will be coming in off of West Reserve and Whitefish Stage, and that traffic concerns would be minimized. The following people spoke in opposition to the project: Brent Higgins, 640 Country Way, stated that he presented a petition signed by the vast majority of residents when the proposal first came forward and that the petition is still valid. He said that Country Village was not surprised by the development of the property, but they wanted something more complimentary to the neighborhood character and setting. They feel the density is too high, and that the area has historically been 1+ acre lots, and that development is moving north but not in those densities. He said that only Kalispell City Planning Board Minutes of the meeting of August 101. 2004 Page 5 of 15 eight acres of the property are developable, and they are much smaller lots than Glacier Commons or Buffalo Stage, with a 1/5 acre lot size. He said the density is too great, and it will change the character of the neighborhood. He said the traffic issue will directly affect them and change their neighborhood, and the road was not created to handle this type of traffic; there are children who play in the area, and there is a rural setting on the road and it will all change now. He stated that South Country Way was closed because of traffic and now they will be getting traffic from another neighborhood. He said the subdivision traffic should be routed out to Granrud and not their street. He said there is more potential for environmental concerns, and there are potential runoff issues to the river, and possibly species issues, because there is bull trout in some areas. He stated they could live with some traffic if the density would match their neighborhood of one acre lots. Nathaniel Higgins, 640 County Way, said that he lives on a two acre lot right by this property, and the road would be covered with traffic and he won't be able to play with his friends because the road will be busy, he will no longer be able to ride his bike to school and will have to be dropped off at school by a parent. Taylor asked B. Higgins to tell him more about the petition and when it was prepared. Higgins said the petition was done prior to the June meeting and provided to Tri-City, and was signed by the vast majority of property owners in Country Village. He said many of them were surprised by the proposal, and were unaware it was happening. He said the petition should have been given to Tri-City three days before the June meeting. No one else wished to speak and the public hearing was closed. The board took a five minute intermission. MOTION Anderson moved and Johnson seconded to adopt staff report KA-04-9 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the initial zoning be R-3 and R-4, Single and Two Family Residential, upon annexation to the City of Kalispell. BOARD DISCUSSION Taylor stated that during the intermission he was given the petition that was talked about earlier. He said the original project was taken off the agenda for the June meeting, so the Board did not see the petition and the petition was not resubmitted for this proposal. He said the Board has heard from some people who live quite far from the development, Kalispell City Planning Board Minutes of the meetine of Aueust 10. 2004 and that property owners within 150 feet are sent a certified mail letter giving them notice; that does not preclude them from speaking at the public hearing. He read into the record the petition (minus names) as follows: "We the undersigned request the denial of the zoning change and preliminary plat for the Stillwater Bluffs development. This proposed development does not match the character, density and historical makeup of the surrounding area. The existing area is made up of large lot properties and zoned County R-1. The recent annexation and zoning change for Glacier Commons was to RA-1. This would place an island of high density within the low density surrounding area. The one acre +/- lots would be consistent with the neighborhood and nothing higher than an RA-1 should even be considered. The proposed access through Country Village Subdivision for a development of this density will double or triple the current traffic. The County Way road was not constructed nor designed for this level of traffic flow. Country Village will be heavily impacted, and its feel will substantially change with the burden of potentially 200 additional vehicle trips per day. We therefore f-rid the proposed subdivision unacceptable and urge that it be reworked to be consistent with the surrounding neighborhood and mitigate the impacts on the existing Country Village subdivision." Johnson stated that the petition was for another submittal, not this specific submittal. He said he says he has a problem with words like "vast majority", "I represent" and "many more folks"; none of this can be validated and should not be a part of the hearing. He asked, "how can Mr. Higgins say he represents the vast majority?" and said he is disturbed when people say "vast majority" and "I represent" without election or direction. He said we have no idea who these people are and he puts no validity in any of it. Taylor stated that R-3 and R-4 are within the parameters of the Growth Policy, and nothing states an R-3 or R-4 can't be there. He said it may be preferred to be one or more acres, but the area was addressed in the Growth Policy and the map shows just as much of an access from the west onto Country Way as there is from the east. He stated that perhaps Country Way was not intended to be a gathering street, but we can't stop what is happening, we just have to plan efficiently for it. He said we can't close off development. Hull stated we have been through this before where County zoning meets City zoning, and having sewer means smaller lots. He said there isn't much the board can do, and this is where the city is going, and it is not out of character, and he sees no problem with this project. He said he does have concerns with the road being blocked off, and maybe some traffic calming devices will be necessary. Kalispell City Planning Board Minutes of the meeting of August 10. 2004 Page 7 of 15 Anderson said she had a concern with traffic onto Whitefish Stage, but based on the map, she feels people will use Reserve too. Emergency access will not be a problem and the project could have been a lot bigger. She said the project will look nice and she commends the Heushers. ROLL CALL The motion passed unanimously on a roll call vote. MOTION Johnson moved and Anderson seconded to adopt staff report KPP-04-10 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the preliminary plat for Stillwater Bluffs be approved subject to the listed conditions. DISCUSSION Taylor stated that Hull echoed his thoughts regarding Granrud Lane as another access and asked if their hands were tied unless the City goes with eminent domain. Wilson stated the board could add a condition that would encourage the adjoining property owners to acquire an easement along Country Way South for emergency access purposes, but she doesn't believe they would be willing to open it as a public street. She stated that future development should solve the issue. Taylor said his concern was for general access, unless the City would condemn the property and pay fair market value for it, then the City would have to upgrade it. Wilson said this was a matter of principle, and the City has not been willing to use eminent domain as a policy. She said it was a philosophical issue. Hull stated the board can go on record stating they will allow no more development to the south unless Granrud Lane can be opened up and that we need adequate connections. ROLL CALL The motion passed unanimously on a roll call vote. RICE ZONING TEXT A request by William C. Rice to amend the Kalispell Zoning AMENDMENT REQUEST Ordinance to allow decks less than 30 inches in height to be constructed in the setback areas in all residential districts. STAFF REPORT KZTA-04-5 Narda Wilson, with the Tri-City Planning Office, gave a presentation of Staff Report KZTA-04-5, a request by William C. Rice to amend the Kalispell Zoning Ordinance to allow decks less than 30 inches in height to be constructed in the setback areas in all residential districts. Wilson said this is a requested amendment to the zoning ordinance as to how decks less than 30 inches in height Kalispell City Planning Board Minutes of the meeting of August 10. 2004 would be treated. She said there is a tri-plex next to the Birchwood Apartments on 5th Avenue East and that decks were built on the units, but they are not in compliance with the zoning; they are not specifically excluded as part of the structure and intrude into the setback areas. Wilson read from the Kalispell Zoning Ordinance that minor characters such as fences less than 6 feet, driveways, retaining walls, patios, or any improvement of a minor character less than 3 feet in height can be in the setback areas, but not open decks. She said there is a fine line between appropriate encroachment and not and that uncovered or covered decks are not allowed in the setback area. She said this is a proposal to allow encroachment into the setback area of up to 50%. She said that Columbia Falls, Whitefish and the County each have different requirements. Wilson said staff is recommending that the board consider whether these are appropriate to encroach into the set back area if they less than 30 inches in height, and how much can they encroach. She said staff looked at the rear and side setbacks, but not the front setbacks, although the applicants decks encroach into the front yard setbacks on Fifth Avenue East. She said the rear of the buildings face the front yards of 5th Avenue East and encroach into those front yard setbacks. She asked, can these decks encroach into the front yard setbacks? Staff feels it may not be appropriate in front yards because of activities like barbecuing, etc. Wilson stated that staff is recommending adoption of the staff report to create a new section in the Kalispell Zoning Ordinance under Section 27.22 under "Decks". QUESTIONS BY THE Taylor asked if the encroachment is allowable for an at -grade BOARD I improvement, meaning a patio. Wilson said yes, the only difference is that elevated structures 30 inches high or more cannot encroach, and 30 inches is the building code minimum for having railings. Taylor asked how wide spread this is, and is it only the applicant's problem? Wilson said this may be occurring unknowingly in other areas of the city, but since this is new construction it came to light. She stated the board may want to consider how to handle the front yard setbacks with decks in the front yard if they approve this tonight. Wilson went on to state this situation is not a good candidate for a variance, because specific criteria must be met and this Kalispell City Planning Board Minutes of the meeting of August 10. 2004 Page 9 of 15 RESOLUTION NO.4933 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF STILLWATER BLUFFS SUBDIVISION, MORE PARTICULARLY DESCRIBED AS ASSESSOR'S TRACTS 5H AND 5HA IN SECTION 31, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Larry and Sandy Heuscher, the owners of the certain real property described above have petitioned for approval of the Subdivision Plat of said property, and WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on August 10, 2004, on the proposal and reviewed Subdivision Report #KPP-04-10 issued by the Tri-City Planning Office, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Stillwater Bluffs Subdivision, subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of September 7, 2004, reviewed the Tri-City Planning Office Report #KPP-04-10, reviewed the recommendations of the Kalispell City 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 Tri-City Planning Office Report #KPP-04-10 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of the Heuschers for approval of the Preliminary Plat of Stillwater Bluffs Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the number and location of lots within the subdivision, corm -non areas and roadways. 2. All of the public infrastructure shall be constructed in accordance with the Kalispell Standards for Design and Construction and the Kalispell Subdivision Regulations. A letter from the Kalispell Public Works Department shall be submitted stating that the plans and specifications for the subdivision have been reviewed and approved by that department for compliance with City standards. 3. A letter from an engineer licensed in the State of Montana shall be submitted at the time of final plat certifying that the improvements have been installed according to the required specifications along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City standards. residence and Lot 21 shall be used for storage of equipment for common area maintenance." Alternately, Lot 20B can be eliminated all together and made part of the common area if the sole purpose of the lot is to provide a storage shed for maintenance equipment for the common area. 17. That preliminary approval shall be valid for a period of three years from the date of approval. SECTION III. 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 BY THE MAYOR OF THE CITY OF KALISPELL, THIS DAY OF )2004. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk