Big Sky Investments Kalispell/Silos Addt'l HeightReturn to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
11111111 IN Page: i of 5 49
Fees: g40.00
Debbie Pierson, Flathead County MT by AH 9/6/2021 1:27 PM
City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Big Sky Investments Kalispell, LLC
530 W 19th Street, Ste 301
Whitefish, MT 59937
LEGAL DESCRIPTION: Assessors Tracts 8B, 8, 8J, 8D, 8C, 8E, 8F, and 8-0 in Section 7,
Township 28 North, Range 21 West, P.M.M, Flathead County,
Montana, and as more particularly described on the attached Exhibit
«A„
ZONE:
B-3, Core Area Business
The applicant has applied to the City of Kalispell for a conditional use permit to allow
additional height over 60 feet for buildings on property located at 505 West Center Street/740 West
Railroad Street within the B-3 (Core Area Business) zone.
* The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on
August 10, 2021, held a public hearing on the application, took public comment and recommended
that the application be approved subject to fifteen (15) 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-21-
06 as the Council's findings of fact, and issues and grants to the above -described real property a
conditional use permit to allow additional height over 60 feet for buildings on property located at
505 West Center Street/740 West Railroad Street in the B-3 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. That the development of the site shall be in substantial conformance with the submitted
application and architectural/site plan drawings.
3. Architectural renderings are required to be submitted to the Kalispell Architectural Review
Committee for review and approval prior to issuance of a building permit.
4. 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.
5. 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.
6. 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.
7. A Traffic Impact Study shall be submitted to the Kalispell Public Works Department. The
terms, conditions, and recommendations of the Traffic Impact Study (TIS) shall be complied
with prior to the issuance of any building permits.
8. The frontages for Fifth Avenue West North and West Center shall be improved to the
applicable city standards. Those improvements would include, but not necessarily be limited to,
curb/gutter, sidewalks, landscape boulevard, trees, and street lights. Additional right-of-way on
West Center Street will need to be dedicated to accommodate the width for a collector street and
its associated improvements. The width and the improvements will need to be modified to
work around the silos.
9. The access shown on the site plan on West Center Street near the intersection with Fifth Avenue
West North shall be eliminated or relocated to an appropriate location.
10. The developer shall submit water and sewer main extension plans, applicable specifications,
and design reports to the Kalispell Public Works Department to be reviewed and approved by
Public Works prior to construction.
11. The developer shall provide pressure boosters for individual buildings that meet requirements of
the Montana Department of Environmental Quality and the City of Kalispell in order to meet
pressure requirements for water service and fire sprinkling.
12. The location of any necessary hydrants shall be determined by the Fire Chief.
13. The cantilevered portion of the restaurant extending over the West Center Street right-of-way is
subject to review and approval by the Kalispell Public Works Department and the Montana
Department of Transportation. The encroachment approval may include any conditions
necessary to ensure the safety of the occupants and the travelling public.
14. The crossings over the bike path shall be kept to a minimum, ideally no more than one, but at a
maximum of two, subject to the review and approval of the Site Development Review
Committee.
15. Prior to issuance of a building permit for any development in the northwestern portion of the
property, an easement shall be dedicated to the City for the existing city storm water
conveyance line in the northwestern portion of the property either in the current location or
relocated to a new location at the developer's expense. Final design will be approved by
Kalispell Public Works Department prior to building permit issuance.
Dated this 7th day of September, 2021.
STATE OF MONTANA
ss
County of Flathead
L�
Mark Johnson
Mayor
On this 7 day of F 021 before me, a Notary Public, personally
appeared Mark Johnson, 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.
AIMEE BRUNCKHORS]
for the
`��epUNCK'�i
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NOTARY PUBLIC
State of Montana
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;N SEAL
Residing at
Lakeside, Montana
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My Commission Expires
04, 2024
I '11100
December
No&ry Public, State of Montana
EXHIBIT "A"
Parcel 1:
A tract of land situated in the southeast quarter of the southwest quarter of Section 7, Township
28 North, Range 21 West, P.M.M., Flathead County, Montana, more particularly described as
follows:
Beginning at a point which is 50 feet in a northerly direction from the northeasterly corner of
block 159 of Kalispell Townsite Company's Addition number one to Kalispell and on a line
which is a continuation of the easterly line of said block 159; thence running in a northerly
direction and along a line which is a continuation of the easterly line of said block 159 a distance
of 136.5 feet to the point of beginning; thence continuing in a northerly direction of a line
parallel with a line which is a continuation of the easterly line of said block 159 a distance of
13.5 feet to the south line of the Burlington Northern Railroad Right of Way; thence running a
right angle in a westerly direction along the south line of the Burlington Northern Railroad Right
of Way a distance of 511.5 feet; thence running at a right angle in a southerly direction on a line
which is parallel with a line which is a continuation of the easterly line of said block 159, a
distance of 13.5 feet, thence running at a right angle in a easterly direction a distance of 511.5
feet to the point of beginning.
Parcel 2:
Beginning at a point 50 feet in a northerly direction from the northwest corner of lot 12 in block
159 of Kalispell Townsite Company's Addition Number one to Kalispell, Montana; thence
running 50 feet westerly parallel to the north boundary line of said block 159, thence northerly at
right angles and parallel with the west boundary line of said block 159, a distance of 136.5 feet;
thence easterly at right angles and parallel with the north boundary line of said block 159, a
distance of 300 feet; thence southerly at right angles and parallel with the west boundary line of
said block 159, a distance of 136.5 feet; thence westerly at right angles and parallel with the
north boundary line of said block 159, a distance of 250 feet to the place of beginning.
Also
Beginning on a point on a line which lies parallel with and 50 feet distance in a northerly
direction from the northerly boundary line of block 159 of Kalispell Townsite Company's
Addition number one to Kalispell, which point of beginning is 350 feet in a westerly direction
from a point which is 50 feet in a northerly direction from the northeasterly corner of and on a
line which is a continuation of the easterly boundary line of said block 159; the above described
point of beginning, being also the southwesterly corner of a tract of land heretofore deeded by
Kalispell Townsite Company, a Corporation, to Henry W. Hammond, George W. Fenwick and
Charles A. Peplow; thence running in a westerly direction and on a line parallel with the
northerly boundary line of said block 159, a distance of 100 feet; thence running at a right angle
in a northerly direction a distance of 136.5 feet, thence running at a right angle in an easterly
direction and on a line which is parallel with the northerly boundary line of said block 159, a
distance of 100 feet; thence running at a right angle in a southerly direction a distance of 136.5
feet to the place of beginning. The last above described premises being a part of an unplatted
tract of land lying between the northerly boundary line of blocks 158 and 159 of Kalispell
Townsite Company's Addition number one to Kalispell, and the southerly boundary line of the
Right of Way of the Saint Paul, Minneapolis and Manitoba Railway Company, and lying
westerly from and adjoining a certain tract of land heretofore deeded by Kalispell Townsite
Company, a Corporation to Henry W. Hammond, George W. Fenwick and Charles A. Peplow.
Also
Beginning at a point which is 50 feet in northerly direction from the northeasterly corner of block
159 of Kalispell Townsite Company's Addition number one to Kalispell, and on a line which is a
continuation of the easterly line of said block 159; Thence running in a northerly direction and
along a line which is a continuation of the easterly line of said block 159, a distance of 136.5
feet, Thence running at a right angle in a westerly direction a distance of 50 feet; Thence running
at a right angle in a southerly direction and on a line which is parallel with a continuation of the
easterly line of said block 159 a distance of 136.5 feet to a point 50 feet north of the northerly
line of said block 159, thence running at a right angle in an easterly direction a distance of 50
feet to the place of beginning.
Also
Beginning at a point on a line which lies parallel with and 50 feet distance in a northerly
direction from the northern boundary line of block 159 of Kalispell Townsite Company's
Addition no. One to Kalispell, which point of beginning is 450 feet in a westerly direction from a
point which is 50 feet in a northerly direction from the northeasterly corner of and on a line
which is a continuation of the easterly boundary line of said block 159. The last above -described
point of beginning being also the southwesterly corner of a tract of land heretofore deeded by
Kalispell Townsite Company, a Corporation to Kalispell Flour Mill Company, a Corporation of
Kalispell, Montana; Thence running in a westerly direction, and on a line parallel with the
northerly boundary line of said block 159, a distance 61.5 feet; thence running at right angles in a
northerly direction a distance of 136.5 feet; Thence running at right angles in an easterly
direction and on a line which is parallel with the northerly boundary line of said block 159 a
distance of 61.5 feet; thence running at right angles in a southerly direction a distance of 136.5
feet to the place of beginning.
The last above -described premises being a part of an unplatted tract of land lying between the
northerly boundary line of blocks 158 and 159 of Kalispell Townsite Company's Addition No.
One to Kalispell and the southerly boundary line of the Right of Way of the St. Paul,
Minneapolis and Manitoba Railway Company and lying westerly from and adjoining a certain
tract of land heretofore deeded by Kalispell Townsite Company, a Corporation, to Kalispell
Flour Mill Company, a Corporation of Kalispell, Montana, according to a map or plat of
Kalispell Townsite Company's Addition No. One to Kalispell, Montana, now on file in the office
of the Clerk and Recorder of Flathead County, Montana.
Parcel 3:
Tract 2 of Certificate of Survey No. 9961, a tract of land, situated, lying, and being in
Government Lot 4 and the Southeast Quarter of the Southwest Quarter of Section 7, Township
28 North, Range 21 West, P.M.M., Flathead County, Montana.