CUP Higgs/Medical Office%S5013 0906
City of Kalispell
P.O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Dr. Wilson A. Higgs
ADDRESS: 210 Sunny View Lane
Kalispell, MT 59901
LEGAL DESCRIPTION: See Exhibit "A"
OWNER: Developers Diversified, Ltd.
34555 Chagrin Blvd.
Moreland Hills, OH 44022
ZONE: Low Density Residential Apartment, RA-1
Wilson A. Higgs, et al, applicants, applied to the City of
Kalispell for a conditional use permit to construct a new
professional medical office complex, of 36,200 square feet, on the
property described above.
The Kalispell City -County Planning Board and Zoning
Commission, after due and proper notice, on November 9, 1993, held
a public hearing on the application, took public comment and
recommended that the application be approved subject to twelve
conditions.
After reviewing the application, the record, the FRDO report,
and after duly considering the matter the City Council of the City
of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby,
adopts Flathead Regional Development Office, Conditional Use Report
#KCU-93-11 as the Council's findings of fact, and issues and grants
to the above -described real property a conditional use permit for
an expansion of the church facility, subject to the following
conditions:
SECTION I.
1. The building shall not exceed 36,200 gross square feet on
three levels, with the first level below grade.
2. The applicant shall provided the amount of parking spaces
(1 space for each 150 square feet of proposed building
area) necessary for the size building constructed.
Proposed parking lots and access areas shall be designed
in accordance with the Kalispell City Zoning Ordinance.
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0 %aSoI3 dq;4 o 0
3. The ends of the parking rows shall be landscaped.
4. The driveway isle along the southern side of the property
shall be setback a minimum of five (5) feet from the
right-of-way taper and landscape installed in the
setback.
5. The 60-foot wide water/utility easement which bisects the
property north/south be abandoned. Developer shall
design and construct a new water main east of the
property.
6. Any signs shall comply with the Kalispell Zoning
Ordinance.
7. The applicant shall dedicate a 600-foot tapered right-of-
way along the entire southern end of the property. This
tapered ROW is 60-foot wide at Hwy 93 and intersects the
southeast property corner.
8. A municipal sidewalk shall be constructed along that
portion of Heritage Way that abuts this tract of land.
This sidewalk shall be adjacent to the property line with
street trees planted per the direction of the Director of
the Parks Department.
9. A storm water drainage plan prepared by a licensed
architect or engineer shall be submitted to,
and approved by, the City Public Works
Department that adequately addresses on -site
storm water detention and disposal.
10. Any construction shall be in conformance with the
approved site plan as to the location of all buildings,
parking, landscaping, and roadways (except as amended by
these condition). The applicant shall submit a final
site plan to the Site Plan Review Committee, that
incorporates all the conditions specified in this
conditional use permit, including the location of the
adjacent development which may exist at that time.
11. Prior to receiving a building permit, this project shall
comply with all related provisions and requirements of
this conditional use permit.
SECTION II.
The conditional use permit, herein granted, shall terminate 18
months from date of issuance if commencement of the authorized
activity has not begun.
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US013 oq;e
Dated this 15th day of
STATE OF MONTANA
ss
County of Flathead
November 1 1993.
On this t7 GtL day of 1993, before me, a Notary
Public, personally appeared Douglas D. Rauthe, Mayor of the City of
Kalispell, known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the
same on behalf of the City of Kalispell.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal, the day and year first above written.
Notary Pub4ic, State of Montana
Residing at Kalispell, Montana
My Commission Expires
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95013 �9a�a
EXHIBIT "A"
A tract of land in the Northwest one -quarter (1/4) of the
Southwest one -quarter (1/4) of Section 6, Township 28 North, Range
21 West, Principal Meridian Montana, Flathead County, Montana, and
more particulary described as follows:
Commencing at the West one -quarter (1/4) corner of Section 6,
Township 28 North, Range 21 West, P.M.M.; thence S44421'52"E a
distance of 693.49 feet to the Southwest corner of Heritage Health
Care Center, Addition No. 161 to the City of Kalispell, the Point -
of -Beginning; thence N85°19'39"W a distance of 325.03 feet, thence
N15'32'20"W a distance of 579.20 feet, thence S86'44'20"E a
r, distance of 119.08 feet, thence southeasterly along a convex curve
a distance of 137.66 feet, thence S68°35'31"E a distance of 160.45
\ feet, thence southeasterly along a concave curve a distance of
70.17 feet, thence S4'40'21"W a distance of 330.00 feet to the
point of beginning.
STATE OF MONTANA,
ss
County of Flathead
F A
Recorded at the request of
this- day of v , V
the records of Flathead Co nty, State of Montana.
Fee $ !��- Pd.
RECEPTION NO. VS013 0 9J. (FO
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' a 4 o'clockA M and recorded in
ead{County Clerk corder