Colton Lee Communities CUPIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIII Page10of391
Fees: $21.00
Debbie Pierson, Flathead County MT by MW 8/21; 2020 3:06 PM
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Colton Lee Communities, LLC
fh
1014 South Westlake Blvd, Ste 14
Westlake Village, CA 91361
LEGAL DESCRIPTION: Tract 1 of Certificate of Survey 21115 in the North half of Section
* 31, Township 29 North, Range 21 West, P.M.M., Flathead County,
* Montana.
ZONE: B-2, General Business
The applicant has applied to the City of Kalispell for a conditional use permit to construct a
multi -family residential development with four buildings and a total of 96 dwelling units (72 two -
bedroom and 24 one -bedroom units), along with an associated parking lot, storm facilities and
recreational amenities, located at 216 Hutton Ranch Road.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on
July 14, 2020, held a public hearing on the application, took public comment and recommended that
the application be approved subject to 14 conditions.
After reviewing the application, the record, the Kalispell Planning Department report, and
after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell
Zoning Ordinance, hereby adopts Kalispell Planning Department Conditional Use Report #KCU-20-
04 as the Council's findings of fact, and issues and grants to the above -described real property a
conditional use permit to construct a multi -family residential development with four buildings and a
total of 96 dwelling units (72 two -bedroom and 24 one -bedroom units), along with an associated
parking lot, storm facilities and recreational amenities located at 216 Hutton Ranch Road in the B-2
zoning district, subject to the following conditions:
1. That commencement of the approved activity must begin within 18 months from the date of
authorization or that a continuous good faith effort is made to bring the project to completion.
2. The conditional use permit is not valid until the B-2 zoning for the property becomes effective
under statutory timelines 30 days from approval of the zoning on second reading.
3. That the development of the site shall be in substantial conformance with the submitted
application and architectural/site plan drawings.
4. Architectural renderings are required to be submitted to the Kalispell Architectural Review
Committee for review and approval prior to issuance of a building permit.
5. To ensure the traffic flow and access comply with Kalispell Design and Construction Standards,
as well as compliance with other site development standards, the development shall receive Site
Review Committee approval prior to issuance of the building permit.
6. To ensure the property is fully landscaped and is compatible with the surrounding
neighborhood, a landscape plan shall be submitted along with the building permit and shall
include provision of boulevard trees and landscaping along Hutton Ranch Road. The landscape
plan shall be in substantial compliance with the submitted application and approved by the
Parks and Recreation Director prior to issuance of the building permit.
7. A minimum of 500 square feet of land per unit which has recreational value as determined by
the Kalispell Parks and Recreation Director, or recreational amenities equivalent to the fair
market value of 500 square feet of land shall be provided on -site.
8. The developer shall submit to the Kalispell Public Works Department for review and approval a
storm water report and an engineered drainage plan that meets the requirements of the City of
Kalispell Construction and Design Standards.
9. Water and sewer mains shall be extended to the north property line as agreed by public works.
(Design and Construction Standards 4.1.1). The developer shall submit water and sanitary sewer
plans, applicable specifications, and design reports to the Kalispell Public Works Department
for approval prior to construction as well as coordinate with MDOT for any requirements under
MDOT regulations.
10. The six-inch fire service/fire hydrant water line on the southern part of the property does not
meet city standards. A fire hydrant cannot be placed off of a fire service lateral. The six-inch
lateral to the north of the hydrant shall be abandoned.
11. Prior to construction, the developer shall submit to the Kalispell Public Works Department an
erosion/sediment control plan for review and approval, as well as a copy of all documents
submitted to Montana Department of Environmental Quality for the General Permit for Storm
Water Discharge Associated with Construction Activities.
12. A Traffic Impact Study shall be submitted to the Kalispell Public Works Department. The
terms and conditions of a Traffic Impact Study (TIS) shall be complied with prior to the
issuance of any building permits.
13. Access to Hutton Ranch Road, including both the access to the roundabout and the existing
access stubbed in near the north property line, is subject to review and approval by Montana
Department of Transportation. A letter of approval from MDOT shall be provided prior to
issuance of a building permit.
14. The existing sidewalk along Hutton Ranch Road shall be extended to the north property line.
The sidewalk should be continued through both access approaches in a manner designed to
meet City of Kalispell Standards for Design and Construction.
Dated this day of Auizust, 2020.
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STATE OF MONTANA
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County of Flathead
Mark Johnson
Mayor
On this " ' day of us-f- , 2020 before me, a Notary Public, personally
appeared Mark Johnson, Mayor of the ity 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.
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